Summary
In Wittenkind v. Kern (281 N.Y. 701) relied on by respondents, the commission lowered the passing mark after the ratings were completed and after the list had been published and exhausted.
Summary of this case from Matter of Blumenthal v. MortonOpinion
Argued September 27, 1939
Decided October 17, 1939
Appeal from the Supreme Court, Appellate Division, First Department, McLAUGHLIN, J.
William C. Chanler, Corporation Counsel ( Samuel J. Silverman of counsel), for Municipal Civil Service Commission et al., appellants.
Gabriel Rubino for William F. McDonald et al., interveners, appellants.
Louis L. Tetelman for Chester Bond et al., amici curiae. Albert De Roode for respondents.
Order affirmed, with costs; no opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.