122 N.Y.S. 1048 | N.Y. App. Div. | 1910
The facts are undisputed. The relator was appointed a fireman in the fire department of the city of New York on December 10,1901. He was dismissed February 9,1905, having been found guilty, after trial, of a violation of the rules and regulations of the department. Upon appeal to this court the determination was reversed and he was restored to his position (People ex rel. Reith v. Hayes, 127 App. Div. 6). On Hovember 27, 1908, he was reinstated. On Septem
In the case at bar the relator was not a candidate for the examination held in September, 1907, and made no application to enter the same. His petition does not shqw that he was eligible, or -that he would have taken the examination if lie had not been dismissed' before it was held, or that he had any such intention. In these respects the moving papers are fatally defective and insufficient to entitle the relator to the relief sought by this proceeding.
Hpon both grounds, the insufficiency of the moving papers and
Hirsohberg, P. J., Jenks, Burr and Carr, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and application for writ denied, with costs.