Lawson v. Cornelius

In this proceeding instituted under article 78 of the Civil Practice Act, petitioner, a member of the New York State Police, applies for an order restoring him “ to the rank of Captain in the New York State Police as enjoyed by him on and prior to July 17, 1962 ”. On the return day of the order to show cause, respondent did not answer but filed a notice of objections in point of law and moved for an order dismissing the petition pursuant to section 1293 of the Civil Practice Act on the ground that it does not state facts sufficient to entitle petitioner to the relief requested. Here, we are…