Appellate Division of the Supreme Court of the State of New York June 27, 1939 (In re Foley)

Petitioners instituted a proceeding under article 78 of the Civil Practice Act (a) to enjoin permanently the commissioner of police of a county from discharging them from employment as patrolmen of the county police department; (b) to compel the county civil service commission to place the names of petitioners on the eligible list as such patrolmen and to certify their names on the payroll as