McCARTHY v. CAREY


8 Misc.2d 579 (1957)

John J. McCarthy, Plaintiff, v. Fred S. Carey et al., Constituting the Civil Service Commission of the City of Yonkers, et al., Defendants; William Polsen et al., Intervenors-Defendants.

Supreme Court, Special Term, Westchester County.

July 9, 1957.


Attorney(s) appearing for the Case

Wilbur J. Spitzer for plaintiff.

Raymond J. Hannon, Corporation Counsel (John F. Trainor of counsel), for defendants.

Morton N. Wekstein for intervenors-defendants.


ARTHUR D. BRENNAN, J.

In this action brought for a declaratory judgment, the plaintiff seeks an adjudication that the promotional examination (for the position of police captain) held by the defendants on May 26, 1956 and the list promulgated as a result thereof, are illegal and invalid in that said examination was determined to be held prior to the occurrence of a vacancy in said position.

In the circumstances...

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