People ex rel. Moriarty v. Creelman
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Michael J. Moriarty, 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 22d day of April, 1912, denying the relator’s motion for an alternative or peremptory writ of mandamus to compel the respondents, who constitute the municipal civil service commission of the city of New York, to accept his application and to permit bim to enter a competitive examination to be…
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Appeal by the relator, Michael J. Moriarty, 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 22d day of April, 1912, denying the relator’s motion for an alternative or peremptory writ of mandamus to compel the respondents, who constitute the municipal civil service commission of the city of New York, to accept his application and to permit bim to enter a competitive examination to be conducted by them for the position of inspector, bureau of fire prevention, grades 2 and 3.
1Opinion of the Court
Laughlin, J.:
The record does not show when the bureau of fire prevention was established, or when the position of inspector was created. It appears, however, that the examination to which the relator desires admission is the first that has been held by the municipal civil service commission for the position. The relator was appointéd to the position temporarily on the 15th day of March, 1912, and it is fairly to be inferred that the bureau and position had then recently been established and created under the general authority conferred upon the fire • commissioner by section 12Y of the…
2Cases cited9 opinions
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1885
- American Exchange National Bank v. Woodlawn CemeteryNew York Court of Appeals · 1909
- People Ex Rel. Percival v. . CramNew York Court of Appeals · 1900
- People ex rel. Percival v. CramAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by3 opinions
- People ex rel. Schulz v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1919
- Rox v. SweeneyNew York Supreme Court · 1928
- People ex rel. Finnegan v. McBrideAppellate Division of the Supreme Court of the State of New York · 1918