129 N.Y.S. 385 | N.Y. Sup. Ct. | 1911
A former application for a writ of mandamus having been made by petitioner and denied because it did not set forth evidentiary facts sufficient to warrant the relief sought, he now renews his application on other motion papers for the same relief, that is to say, for a writ directed to the respondents, as civil service commissioners of the city of Dew York, commanding them to revoke their certification to the trustees of Bellevue and allied hospitals for appointment of an X-ray photographer, and to set aside a competitive examination for that position. ‘Such an examination was held on January 14, 1910, at which time petitioner was an incumbent of the position named under a “ temporary ” appointment. Delator’s name appeared seventh on the resulting eligible list. Doctors 'Stewart and Hirsch, who had respectively the highest and the next highest rating, were certified to the trustees, and about May 1, 1910, were given probationary appointments, displacing plaintiff from his position. The rule which must govern the court in applications of this nature has been formulated by the Court of Appeals in People ex rel. Schau v. McWilliams, 185 N. Y.
Application denied.