Legal Opinion

Matter of Winters v. . Prendergast

New York Court of Appeals

Decided April 28, 1914PublishedCited by 2 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 28, 1911, which affirmed an order of Special Term denying a motion for a writ of mandamus to compel defendant to take the procedings necessary to procure for the petitioner payment of his salary as highway foreman in the borough of Manhattan.

1Opinion of the Court

Appeal dismissed, with costs, on the ground that it does not affirmatively appear that the application was not denied in the exercise of discretion; no opinion.

Concur: Willard Bartlett, Ch. J., Werner, His-cook, Chase, Collin, Cüddebaok and Hogan, JJ.

2Cited by2 opinions

  1. People Ex Rel. Van Tine v. . PurdyNew York Court of Appeals · 1917
  2. People Ex Rel. Perrine v. . ConnollyNew York Court of Appeals · 1916