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MATTER OF NIEBLING v. WAGNER

12 N.Y.2d 314 (1963)

In the Matter of the Application of George F. Niebling et al., Appellants, v. Robert F. Wagner et al., Constituting the Board of Estimate of the City of New York, et al., Respondents, and Jacob Goldman et al., Intervenors-Respondents. In the Matter of James Roche et al., Appellants, v. Robert F. Wagner et al., Constituting the Board of Estimate of the City of New York, et al., Respondents, and Jacob Goldman et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided March 28, 1963.

Attorney(s) appearing for the Case

Anthony Curreri for appellants.

Samuel Berman, intervenor-respondent in person.

Robert J. Mozer for intervenors-respondents.

Leo A. Larkin, Corporation Counsel (Seymour B. Quel of counsel), for respondents.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.

FULD, J.

Disposition of these cases is controlled by our decision in Matter of Carolan v. Schechter (7 N.Y.2d 980). It was there held that certain supervisors of park operations in the Park Department of the City of New York1 had in effect obtained illegal promotions without competitive examination in violation of constitutional and statutory...

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