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THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM C. BRAISTED, Respondent, v. JOHN H. McCOOEY and Others, Composing and Constituting the MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY OF NEW YORK, Appellants.

PER CURIAM:

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.

PER CURIAM:

Order reversed, with costs, and motion denied, with costs.

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WILLIAM v. McCOOEY
(Jan 1, 1905)