Legal Opinion

People ex rel. Hatch v. Lantry

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

Decided July 1, 1903PublishedCited by 4 opinions

.Appeal- by the defendant,-Francis J. 'Lantry, as commissioner of correction of the city of New York, and by Thomas W,- Hynes, as commissioner of correction of the city of New York, from an order,, of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of April, 1903, substituting Thomas W. Hynes as defendant in this proceeding in the place and stead of the original defendant, the said Francis…

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.Appeal- by the defendant,-Francis J. 'Lantry, as commissioner of correction of the city of New York, and by Thomas W,- Hynes, as commissioner of correction of the city of New York, from an order,, of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of April, 1903, substituting Thomas W. Hynes as defendant in this proceeding in the place and stead of the original defendant, the said Francis J. Lantry having retired from the office of such commissioner and the said Thomas W. Hynes being his successor therein.

1Opinion of the Court

Ingraham, J.:

The relator, a veteran of the Civil War, was, prior to January 1, 1898, employed as supervising' engineer in the department of charities and corrections. The charter of the city of New York (Laws of 1897, chap. 378) created two departments, one the department of public charities (§ 658 et seq.), and the other the department of correction (§ 694 et seq.). The relator was appointed supervising engineer in the department of correction. and the defendant was appointed as the head of that department. On the 7th of .February, 1898, the department abolished the position held by the…

2Cases cited5 opinions

  1. United States v. BoutwellSupreme Court of the United States · 1873
  2. United States Ex Rel. Bernardin v. ButterworthSupreme Court of the United States · 1898
  3. People Ex Rel. Broderick v. . MortonNew York Court of Appeals · 1898
  4. People ex rel. Melledy v. SheaAppellate Division of the Supreme Court of the State of New York · 1902
  5. People ex rel. Taylor v. WeldeAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by4 opinions

  1. People ex rel. Lazarus v. ColemanAppellate Division of the Supreme Court of the State of New York · 1904
  2. People ex rel. Walker v. AhearnNew York Supreme Court · 1909
  3. People ex rel. La Chicotte v. BestAppellate Division of the Supreme Court of the State of New York · 1906
  4. People ex rel. La Chicotte v. BestAppellate Division of the Supreme Court of the State of New York · 1906

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