Stevens v. Village of Endicott , 34 N.Y.S.2d 438 ( 1942 )

Plaintiff made application for membership in the National Guard and his acceptance by the recruiting officer was tantamount to a resignation as policeman. The plaintiff should not be permitted to violate a statute to his profit under another statute.

Order and judgment dismissing complaint affirmed.

Hill, P. J., Crapser, Heffernan and Foster, JJ., concur; Schenck, J., dissents, in an opinion.