People ex rel. Braisted v. McCooey
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Application in the name of the people of the state, on the relation ■of William G. Braisted, for a peremptory writ of mandamus to John H. McCooey and others, constituting the municipal civil service commission of the city of New York. From an order granting the writ, defendants appeal.
1Per curiam
Neither upon the facts nor the law was there warrant for the granting of a peremptory writ of mandamus. In the absence of charges of bad faith or illegal action, we cannot review the determination of the civil service commissioners in rating •candidates in competitive examinations, either by certiorari or by mandamus. People ex rel. Allaire v. Knox, 62 App. Div. 29, 70 N. Y. Supp. 845, affirmed 168 N. Y. 642, 61 N. E. 1127.
The order appealed from must be reversed, with costs, and the motion denied.
2Cases cited1 opinion
- Allaire v. KnoxAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by6 opinions
- Mitchell v. McKevittCalifornia Court of Appeal · 1932
- McLaughlin v. GreenSupreme Court of Kansas · 1915
- Gilman v. SchechterNew York Supreme Court · 1958
- Bridgman v. KernAppellate Division of the Supreme Court of the State of New York · 1939
- Gruner v. McNamaraAppellate Division of the Supreme Court of the State of New York · 1948
1 more not listed; retrieve them via the Exa API.