Matter Raymond P. Hassett v. Kenneth J. Barnes Et Al. Book Reviews
Matter Raymond P. Hassett v. Kenneth J. Barnes Et Al. by Supreme Court of New York Book Summary
Memorandum: In this mandamus-type proceeding (Civ. Prac. Act, art. 78) which seeks an order reinstating petitioner to his position as a police patrolman, respondents, without answering, raised an objection by motion that the petition did not state a cause of action as a matter of law, in that it alleged that petitioner resigned from the police force and reinstatement was, therefore, discretionary with respondents. Special Term ordered that the petition be dismissed as a matter of law for the reason that it failed to assert any legal complaint against the respondents and on the further ground, stated in its opinion, of laches. Where, as here, an objection is raised in point of law, pursuant to section 1293 of the Civil Practice Act, the allegations of the petition must be assumed to be true and must be considered in their most favorable light in support of the petition. (Matter of Grimm v. City of Buffalo, 8 A.D.2d 689; Matter of Felice v. Swezey, 278 App. Div. 958;
Book Name | Matter Raymond P. Hassett v. Kenneth J. Barnes Et Al. |
Genre | Law |
Author | Supreme Court of New York |
Published | 27 October 1960, Thursday |
Language | English |
E-Book Size | 67.54 KB |
Matter Raymond P. Hassett v. Kenneth J. Barnes Et Al. (Supreme Court of New York) Book Reviews 2024
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Summary of Matter Raymond P. Hassett v. Kenneth J. Barnes Et Al. by Supreme Court of New York
The Matter Raymond P. Hassett v. Kenneth J. Barnes Et Al. book written by Supreme Court of New York was published on 27 October 1960, Thursday in the Law category. A total of 78 readers of the book gave the book 0 points out of 5.
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