Opinion
October 17, 1949.
Proceeding pursuant to article 78 of the Civil Practice Act for an order directing the municipal civil service commission of the city of New York to restore petitioner to the eligible list for patrolman of the police department of that city, and for reinstatement to his position as such patrolman, together with back pay. This proceeding was transferred by order of the Special Term, entered the 11th day of August, 1948, to this Appellate Division for determination. In addition, petitioner appeals from the said order, and from a further order granting respondents' motion for leave to serve an amended answer. Petitioner's application is denied and the petition dismissed, without costs. Orders affirmed, without costs. Petitioner was appointed as a patrolman on July 1, 1947, and the basis for the action taken by respondents, which took place while petitioner was serving a probationary period of employment, of which petitioner has complained, is that petitioner had, within approximately the year prior to his appointment, signed a petition for the nomination of a Communist Party candidate for public office, and had also been a member of that party for a period of about three to five months, and by reason of which the respondent civil service commissioners were not satisfied as to the character and reputation of petitioner. (See Civil Service Law, § 12-a; N Y City Mun. Civ. Serv. Comm. Rules, rule III, § VII, subd. 2.) We would not be warranted in interfering with the action taken by respondents upon the record presented in this proceeding. ( Matter of Brenner v. Bruckman, 253 App. Div. 607; Friedman v. Schwellenbach, 159 F.2d 22.) Carswell, Acting P.J., Johnston, Sneed, Wenzel and MacCrate, JJ., concur.