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Matter of Farrell v. Sullivan

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1952
280 App. Div. 834 (N.Y. App. Div. 1952)

Opinion

June 30, 1952.


Proceeding under article 78 of the Civil Practice Act to compel the board of transportation of the city of New York to perform the duty specifically enjoined upon it by law concerning certain seniority rights of petitioner and others in its employ. The board appeals from an order denying its motion to dismiss the petition and from an order resettling such order. Resettled order reversed on the law, with $50 costs and disbursements, motion granted, without costs, and petition dismissed. The appeal from the original order is dismissed. In our opinion, the word "seniority" as used in chapter 927 of the Laws of 1939 has no application to the type of seniority rights which the petitioner seeks to have the board of transportation provide. Carswell, Acting P.J., Adel, Wenzel, MacCrate and Schmidt, JJ., concur.


Summaries of

Matter of Farrell v. Sullivan

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1952
280 App. Div. 834 (N.Y. App. Div. 1952)
Case details for

Matter of Farrell v. Sullivan

Case Details

Full title:In the Matter of JAMES FARRELL, Individually and on Behalf of All Others…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 30, 1952

Citations

280 App. Div. 834 (N.Y. App. Div. 1952)