26 N.E.2d 23 | NY | 1940
This case differs from that of Matter of Staples v. Kern
(
The question presented by the case at bar is as follows: If the Municipal Civil Service Commission may grant to the petitioners a special examination to rectify the error of the Commission in excluding the petitioners from the original examination, may these petitioners retain their present positions pending the outcome of the special examination?
In Matter of Kraus v. Singstad (
The orders should be reversed and the matter remitted to the Special Term to proceed in accordance with this opinion, without costs.
LEHMAN, Ch. J., LOUGHRAN, RIPPEY, SEARS, LEWIS and CONWAY, JJ., concur.
Ordered accordingly.