The People of the State of New York ex rel. Karoly Z. Horvay, Respondent, v. The Board of Education of the City of New York, Appellant

The People of the State of New York ex rel. Karoly Z. Horvay, Respondent, v. The Board of Education of the City of New York, Appellant. Appeal from part of an order of the Supreme Court, entered in the Hew York county clerk’s office on the 16th day of June, 1914, as resettled by an order entered on the 3d day of July, 1914, granting an alternative writ of mandamus. [MAJORITY — Per Curiam:] Per Curiam: It affirmatively appears that the relator was dismissed for lack of work and that no one was appointed in his place, and that his name was placed in the proper position upon the civil service list. It is clear that he has no right to be reinstated in a position in which there was no work for him to do. The order appealed from must, therefore, be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present—Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.