Matter of MacDonald v. . Ordway
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 14, 1916, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to certify to the salary of petitioner as county superintendent of highways for the county of Westchester. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 14, 1916, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to certify to the salary of petitioner as county superintendent of highways for the county of Westchester. The facts, so far as material, are stated in the opinion. The board of supervisors of the county of Westchester has the absolute power and right to fix the salary of the employees of the county of Westchester, regardless of the rules and regulations of…
1Opinion of the CourtCollin, J.
The appellant applied for a peremptory writ of mandamus which should command the respondents, constituting the state civil service commission, to certify to the salary of the appellant as county superintendent of highways for the county of Westchester. The respondents had refused to certify to the salary upon the ground that the appointment of the relator at the salary claimed was illegal. The Special Term denied the application as a matter of law and not of discretion. The Appellate Division affirmed the order of the Special Term as a matter of law and not as a matter of discretion.
The…
2Cases cited1 opinion
- In Re Proving the Alleged Last Will & Testament of HathawayNew York Court of Appeals · 1877
3Cited by25 opinions
- Haller v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1973
- People ex rel. Smith v. KenyonAppellate Division of the Supreme Court of the State of New York · 1934
- Castree v. SlingerlandNew York Supreme Court · 1931
- Formal Opinion No., New York Attorney General Reports1989
- Informal Opinion No., New York Attorney General Reports1983
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