Badrow v. Common Council of Tonawanda

Respondents, in rearguing the motion to dismiss the petition for legal insufficiency because petitioners have not been suspended without pay for a period exceeding 10 days, cite Matter of Winn v. Department of Hospitals of City of N. Y., decided by the First Judicial Department (April 2,1964, N. Y. L. J., April 3, 1964, p. 12, col. 2, 20 A D 2d 856) and first reported six days before this court’s decision, denying said motion.

The Winn case denies judicial authority to review such matters, but buttresses its decision by considering the merits.

The doctrine of stare decisis compels Special Term…