MATTER OF TUREL v. DELANEY, 287 N.Y. 15 (1941)

38 N.E.2d 111

In the Matter of SOLOMON TUREL et al., Petitioners, and ISIDORE MUFSEN, Respondent, against JOHN H. DELANEY et al., as Members of the Board of Transportation of the City of New York, Appellants, and PAUL KERN et al., Constituting the Municipal Civil Service Commission of the City of New York, Respondents, Impleaded with Others.

Court of Appeals of the State of New York.Argued October 7, 1941
Decided November 19, 1941

Appeal from the Supreme Court, Appellate Division, First Department, COHALAN, J.

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Paul L. Ross and Ralph R. Monroe for appellants.

Albert B. Breslow for respondent.

Per Curiam.

A court has no power to direct the Board of Transportation to appoint eligibles. That is a matter within its discretion which cannot be reviewed in this proceeding.

The orders should be modified in accordance with this memorandum and, as so modified, affirmed, without costs to either party.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.

Ordered accordingly.

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