Opinion
January, 1905.
William B. Crowell, for the appellants.
Louis J. Grant, for the respondent.
Present — VAN BRUNT, P.J., PATTERSON, O'BRIEN, HATCH and LAUGHLIN, JJ.
Neither upon the facts nor the law was there warrant for the granting of a peremptory writ of mandamus. In the absence of charges of bad faith or illegal action we cannot review the determination of the civil service commissioners in rating candidates in competitive examinations, either by certiorari or by mandamus. ( Matter of Allaire v. Knox, 62 App. Div. 29; affd., 168 N.Y. 642. )
The order appealed from must be reversed, with costs, and the motion denied.
Order reversed, with costs, and motion denied, with costs.