Opinion
November 29, 1955.
That part of petitioner's motion which seeks to compel respondents to grant him additional credit on the promotional examination for towerman is barred by the four months' limitation of section 1286 of the Civil Practice Act. That part of the motion which is predicated upon a claim of a permanent appointment to the position of towerman and seeks reinstatement to the position under section 22 Civ. Serv. of the Civil Service Law presents two questions which cannot be determined on the present record. One question is whether petitioner's appointment to the position of towerman was permanent or temporary; the other question is whether laches should bar judicial action upon his application. Order unanimously modified, without costs, and the matter remitted to Special Term for further determination in accordance with the memorandum opinion above. Settle order on notice.
Concur — Peck, P.J., Botein, Cox and Bergan, JJ.