Carroll v. Murray

The petitioner, subsequent to the issuance of the alternative order herein, was successful upon a jury trial of the issues of fact. He now moves for a peremptory final order of mandamus, directing the respondent to reinstate him in the position of deputy assessor in the department of assessment and taxation in the city of Yonkers. In the notice of motion he also asked for certain incidental and consequential relief, which last-mentioned request was withdrawn upon the argument. The respondent moves to dismiss the alternative order.

The verdict in petitioner’s favor upon the issue as to his…