New York Court of Appeals

In the Matter of Daniel M. Cash, against Spencer E. Bates, Constituting the State Tax Commission

July 11, 1950301 N.Y. 258

Summary

The Court reversed the Special Term's dismissal, holding that the petition was timely and that petitioners may obtain an order removing 0% disabled veteran incumbents unless such removal would unduly disrupt the agency, and remanded for further proceedings. Justice Fuld dissented, arguing that removal was beyond the petitioners' rights.