MATTER OF O'BUCK v. CITY OF YONKERS


2 A.D.2d 775 (1956)

In the Matter of Joseph O'Buck, Appellant, v. City of Yonkers et al., Respondents

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

July 18, 1956


Order reversed, with $10 costs and disbursements, and motion denied, with leave to respondents to answer within 20 days after the entry of the order hereon, and without prejudice to respondents' right to plead as a defense the facts referred to below.

Appellant stated in his petition, inter alia, that he "has constantly requested reinstatement" to his position. Since this proceeding is, in effect, one to compel the performance of a duty specifically enjoined...

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