Legal Opinion

People ex rel. Kelly v. Milliken

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1910PublishedCited by 1 opinion

Appeal by the defendants, Charles F. Milliken and others, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 22d day of July, 1910, directing that a peremptory writ of mandamus issue requiring the defendants to approve the transfer of the relator from the position of personal clerk of Mr. Justice Marean of the "Supreme Court, Kings county, to the position of court attendant in said court,…

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Appeal by the defendants, Charles F. Milliken and others, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 22d day of July, 1910, directing that a peremptory writ of mandamus issue requiring the defendants to approve the transfer of the relator from the position of personal clerk of Mr. Justice Marean of the "Supreme Court, Kings county, to the position of court attendant in said court, and directing the issuance of a certificate approving such transfer. The relator was for some eight years a personal…

1Opinion of the Court

Smith, P. J.:

The first question raised is as to the intent and meaning of the Commissioners’ rule XV. Appellants contend that because relator is not one of the first three upon the eligible list for the position of court attendant he cannot be transferred to that position. Eelator’s contention is that one attaining a/ny position on an eligible list must be certified for transfer. The history of this rule would.seem to leave no room for doubt as to its purpose. Prior to 1906 the rule read as follows : “ A transfer of a person holding a position in the exempt or non-competitive class to a…

2Cases cited1 opinion

  1. People ex rel. Kelly v. MillikenNew York Supreme Court · 1910

3Cited by1 opinion

  1. People ex rel. Weeks v. WardNew York Supreme Court · 1916

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