General
In the Matter of the Application of Susan McNally, on Behalf of Herself and All Others Similarly Situated, Petitioner, Appellant, for an Order under Article 78 of the Civil Practice Act, against Paul J. Kern, President, and Others, Commissioners Constituting the Municipal Civil Service Commission of the City of New York, and Others, Respondents
260 A.D. 1013·New York Supreme Court, Appellate Division·1940·NY
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Opinion
In the Matter of the Application of Susan McNally, on Behalf of Herself and All Others Similarly Situated, Petitioner, Appellant, for an Order under Article 78 of the Civil Practice Act, against Paul J. Kern, President, and Others, Commissioners Constituting the Municipal Civil Service Commission of the City of New York, and Others, Respondents.
[MAJORITY]
Order affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., Townley, Untermyer, Dore and Cohn, JJ.; Cohn, J., dissents and votes to reverse and grant the application to the extent of restraining respondents from dismissing the appellant. (See dissenting opinion in Matter of Mozzarella v. Kern, ante, p. 1012, decided herewith.)