Legal Opinion
Matter of Mullane v. McKenzie
New York Court of Appeals
Decided January 7, 1936PublishedCited by 40 opinions
1Opinion of the CourtLehman, J.
The petitioner was removed from his position as dockmaster on May 16, 1934, in violation of his rights under the Civil Service Law (Cons. Laws, ch. 7). He was reinstated by order of mandamus dated October 26th. During the interval the salary which should have gone to him was paid to another, who though younger in service was retained by the city in the position to which the petitioner was entitled. The order of reinstatement contained a direction for the payment by the city of the same salary to the petitioner. Before that direction was obeyed, this court in Matter of Barmonde v. Kaplan (266…
2Cases cited5 opinions
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
- Williamsburgh Savings Bank v. StateNew York Court of Appeals · 1926
- Ausable Chasm Co. v. State of New YorkNew York Court of Appeals · 1935
- Matter of Barmonde v. KaplanNew York Court of Appeals · 1935
- Deth v. CastimoreAppellate Division of the Supreme Court of the State of New York · 1935
3Cited by40 opinions
- Gleason v. GleasonNew York Court of Appeals · 1970
- Schulz v. State of New YorkNew York Court of Appeals · 1994
- De Marco v. Bd. of Chosen Freeholders of Bergen CountySupreme Court of New Jersey · 1956
- Antonopoulou v. BeameNew York Court of Appeals · 1973
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
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