Davis v. Wiener

The appeal herein is from an order of an official referee (to whom the issues in question were sent by order, on stipulation, to hear and determine), which order commands the respondents to certify the petitioner as having successfully passed a physical examination held in connection with the competitive examination for the position of assistant assessor, department of assessment of the city of Buffalo, and to certify the name of the petitioner in a proper place on the eligible list for such position.

First, disposition is to be made of the contention of the appellants that the order of an…