People ex rel. Warschauer v. Dalton
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Severin Warschauer, 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 October, 1898, denying his motion for a peremptory writ of mandamus directing William Dalton, as commissioner of water supply of the city of New York, to reinstate the relator in his position as inspector of water supply to shipping in the department of water supply; or, in the…
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Appeal by the relator, Severin Warschauer, 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 October, 1898, denying his motion for a peremptory writ of mandamus directing William Dalton, as commissioner of water supply of the city of New York, to reinstate the relator in his position as inspector of water supply to shipping in the department of water supply; or, in the alternative, for a writ of certiorari to review the determination of the said William Dalton, as'commissioner of water…
1Opinion of the Court
Barrett, J.:
The relator was appointed an inspector of water supply to shipping in the department of public works in ¡September, 1895. He was assigned to -the same position in the department of water supply under the new charter, and was removed by the respondent in June, 1898, without trial, hearing or an opportunity for explanation. He contends that he was subject only to removal for cause.
It was held in People ex rel. Bowers v. Dalton, affirmed by this , court (31 App. Div. 630), upon the opinion of Mr. Justice Freedman at Special Term (23 Misc. Rep. 294), that a “ foreman of ■ repairs,”…
2Cases cited4 opinions
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- People Ex Rel. Emerick v. Board of Fire CommissionersNew York Court of Appeals · 1881
- People ex rel. Woltman v. MyersNew York Supreme Court · 1890
- People ex rel. Bowers v. DaltonNew York Supreme Court · 1898
3Cited by7 opinions
- People ex rel. Boyd v. HertleAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Boyd v. HertleNew York Supreme Court · 1899
- People ex rel. Levenson v. WellsAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Blatchford v. McAdooAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Wanzor v. SturgisNew York Supreme Court · 1902
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