Glenn v. City of Glen Cove

In a proceeding under article 78 of the Civil Practice Act to compel the reinstatement of appellants to positions in the labor class of the civil service of the city of Glen Cove, resettled order dismissing the petition for failure to state facts sufficient to entitle the petitioners to relief unanimously affirmed, without costs. Ordinarily, the allegation that appellants “ stand highest on the eligible list ” would be regarded as an allegation of fact. But here such allegation should be read in connection with the demand in the prayer for relief that the municipal civil service commission be…