MATTER OF BERGERMAN v. WAGNER


2 A.D.2d 398 (1956)

In the Matter of Milton M. Bergerman, Individually and as Chairman of the Citizens Union of The City of New York, Appellant, v. Robert F. Wagner, as Mayor of The City of New York, et al., Respondents

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

November 13, 1956.


Attorney(s) appearing for the Case

Samuel D. Smoleff for appellant.

Anthony Curreri of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for respondents.

BOTEIN, RABIN and VALENTE, JJ., concur with FRANK, J.; PECK, P. J., dissents and votes to reverse, in opinion.


FRANK, J.

This is an appeal from an order dismissing an article 78 proceeding. The petitioner seeks an order directing: (1) the mayor and the commissioner of purchase to report to the court what investigation, if any, they made with respect to the qualifications of the director of purchase; (2) a nonjury trial to determine whether the director possesses the qualifications required by subdivision c of section 781 of the New York

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