Appellate Division of the Supreme Court of the State of New York March 15, 1935 (McCraw v. Finegan)

The petitioner applied for a peremptory or alternative order of mandamus to reinstate him in a position as attendant, grade 1, in the city service. He was temporarily dismissed from service due to lack of funds, and his name was placed on the preferred list as required by section 31 of the Civil Service Law. He was employed in the department of public markets.