
    The People ex rel. Morris Cohen, Relator, v. Theodore A. Bingham, Defendant.
    (Supreme Court, New York Special Term,
    February, 1906.)
    Municipal' corporations — Police department—Promotion—Right to be graded as detective sergeant.
    Where, at the time relator was temporarily assigned to detective duty, the position of detective sergeant could be attained only upon competitive examination and promotion and, after several months, he was promoted to .roundsman and assigned to regular police duty, he is not entitled to, a peremptory mandamus directing the police commissioner, to recognize and grade him as detective sergeant.
    
      Motion for a peremptory mandamus.
    John J. Delany (Corporation Counsel)^ for defendant.
    lío other appearance.
   Blanchard, J.

This is a motion for a peremptory mandamus directing the police commissioner to recognize and grade the relator as detective-sergeant. The affidavits show that in February, 1905, by an assignment, the temporary character of which was duly explained to the relator, he was assigned to detective duty in Brooklyn Borough Headquarters Squad, and continued to perform detective duty until September, 1905, when he was promoted to roundsman and assigned to regular police duty. The laches of the relator and the temporary character of his assignment might afford grounds for denying his motion. People ex rel. Boyle v. Greene, 87 App. Div. 421, affd., 180 N. Y. 504. The decision may be rested on the broader ground, however, that, at the time the relator was temporarily assigned to detective duty, the position of detective-sergeant could be attained only upon examination and promotion in accordance with the rules of the civil service commission. People ex rel. Gilhooly v. McAdoo, 108 App. Div. 1; People ex rel. Maher v. Green, N. Y. L. J. Dec. 3, 1903, affd., 92 App. Div. 621; 179 N. Y. 563. Accordingly, the motion is denied.

Motion denied  