People Ex Rel. Warschauer v. . Dalton
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 19,1898, affirming an order of Special Term denying a motion for a peremptory writ of mandamus requiring the respondent to reinstate the relator in his position of inspector of water supply to shipping in the department of water supply of the city of New York. 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 first judicial department, entered November 19,1898, affirming an order of Special Term denying a motion for a peremptory writ of mandamus requiring the respondent to reinstate the relator in his position of inspector of water supply to shipping in the department of water supply of the city of New York. The facts, so far as material, are stated in the opinion. Peremptory mandamus, should have issued in the first instance, as thepetitionin every respect stands conceded to be true. (People ex rel. v. Dalton, 158 N. Y.…
1Opinion of the Court
Paekeb, Ch. J.
On this appeal the relator insists that his attempted removal by the defendant on the 11th day of June, 1898, was illegal upon two grounds, first, because it appears by the relator’s petition that he was holding the position of a regular clerk, and, therefore, could not be removed without an opportunity to make the explanation provided for by § 1543 of the G-reater Hew York charter ;• second, because he was removed from a competitive position without having the reasons therefor set forth in writing and duly filed, and an opportunity afforded him to make an explanation under…
2Cases cited10 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- People Ex Rel. Fleming v. . DaltonNew York Court of Appeals · 1899
- Day v. . Town of New LotsNew York Court of Appeals · 1887
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3Cited by7 opinions
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
- Snider v. . SniderNew York Court of Appeals · 1899
- People ex rel. Boyd v. HertleAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Blatchford v. McAdooAppellate Division of the Supreme Court of the State of New York · 1905
2 more not listed; retrieve them via the Exa API.