People ex rel. Cahill v. Barker
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 10th day of February, 1896, directed to Edward P. Barker and others, commissioners of taxes and assessments of the city of New York, composing the board of taxes and assessments of the department of taxes and assessments, commanding them to certify and return to the office of the clerk of the county of New York all and singular their acts and proceedings concerning the removal and discharge of the relator from…
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Certiorari issued out of the Supreme Court and attested on the 10th day of February, 1896, directed to Edward P. Barker and others, commissioners of taxes and assessments of the city of New York, composing the board of taxes and assessments of the department of taxes and assessments, commanding them to certify and return to the office of the clerk of the county of New York all and singular their acts and proceedings concerning the removal and discharge of the relator from the office of assessor of the city of New York. The relator was appointed December 8, 1887, under the Consolidation Act…
1Opinion of the Court
Williams, J. :
Article 10, section 3, of the Constitution, as it existed prior to 1894, and as it still exists, provides: “ When the duration of any *229office is not provided by this Constitution it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment.”
The duration of this office was not provided for by the Constitution, nor was it declared by the Consolidation Act or any other act of the Legislature.
The relator was not within any of the provisions of law limiting the power of removal, as in cases of the police…
2Cited by4 opinions
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- People ex rel. Bowers v. DaltonNew York Supreme Court · 1898
- Bornstein v. FreemanAppellate Division of the Supreme Court of the State of New York · 1956