Davis v. Maine

Order unanimously reversed, without costs, and petition granted. Memorandum: Petitioner, a police officer with the Village of Carthage, appeals from the dismissal of his petition for a writ of mandamus pursuant to CPLR 7801 directing respondents to make salary payments to him in accordance with the terms of the contract between respondents and the Carthage Police Benevolent Association. Petitioner urges, inter alia, that Special Term erred in construing the contract in light of extrinsic evidence submitted in respondents’ affidavits concerning their intentions in approving the contract. We…