Mulligan v. City of New York

This is a motion for judgment on the pleadings in an action for a declaratory judgment to adjudicate plaintiff’s seniority rights, grade and rate of compensation as patrolman of the police department of the city of New York, and to recover illegally withheld salary.

The question presented involves the construction of subdivision 7 of section 246 of the Military Law. That subdivision, so far as pertinent, provides that any person whose name is on any eligible civil service list shall, while in military duty, retain his rights and status on such list; and that, if his name is reached for…