MATTER OF HAMILTON v. Monaghan

Conway, Ch. J.

(dissenting). The Police Commissioner of the City of New York has declined to appoint petitioner as a patrolman in the New York City Police Department for the reason that “his oath of office and his responsibility to the people of the City of New York and to the Police Department preclude him from making this appointment.”

The petitioner seeks a final order directing the Police Commissioner to appoint him to the New York City Police Department, upon the ground that the commissioner’s power to make appointments is not unlimited and, when revealed as arbitrary, must be annulled.

The…