| NY | Nov 19, 1941

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. *17

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