MATTER OF GOLDSTEIN v. McNAMARA


276 A.D. 1072 (1950)

In the Matter of Jack Goldstein and Others Similarly Situated, Respondents, v. Joseph A. McNamara et al., Constituting The Municipal Civil Service Commission of the City of New York, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 25, 1950.


Per Curiam.

We think that this proceeding requires the trial of issues of fact before a determination can be reached as to whether the municipal civil service commission has committed an abuse of discretion in certifying the list for transit patrolman, bridge and tunnel officer, correction officer (men) to fill the position of inspector of markets, weights and measures. It appears that there is some dissimilarity in the duties of the respective positions, and...

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