People ex rel. Jussen v. Scannell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John J. Scannell, as fire commissioner of the city of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of January, 1900, upon the verdict of a jury rendered upon the trial of the issues in. a mandamus proceeding; also from a final order of the Supreme Court, made at the New York Special Term, bearing date the 5th day of January, 1900, and entered in…
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Appeal by the defendant, John J. Scannell, as fire commissioner of the city of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of January, 1900, upon the verdict of a jury rendered upon the trial of the issues in. a mandamus proceeding; also from a final order of the Supreme Court, made at the New York Special Term, bearing date the 5th day of January, 1900, and entered in the office of the clerk of the county of New York,, directing the issuance of a peremptory writ of mandamus requiring…
1Opinion of the Court
Van Brunt, P. J.:
The relator in this case was a veteran and was'- removed from his position as secretary of the fire department of the city of Few York; and he claims the protection of the Veteran Act (Laws of 1884, chap. 312, as amd. by Laws of 1896, chap. 821), which prohibits removal except after a hearing upon due notice upon a charge made and with a right of review. The act provides : “ But the provisions of this act shall not be ■ construed to apply to the position of private secretary or deputy of an official or department or to any other person holding a strictly confidential…
2Cases cited1 opinion
- People ex rel. Shields v. ScannellAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- People ex rel. Berlinger v. WellsAppellate Division of the Supreme Court of the State of New York · 1903