People ex rel. Lazarus v. Sheehan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Daniel Sheehan and others, constituting the board of fire commissioners, etc., from an order of the Supreme Court, made at the Chemung Trial and Special Term and entered in the office of the clerk of the county of Chemung on the 6th day of January, 1908, granting a peremptory writ of mandamus.
1Opinion of the Court
Per Curiam :
Prior to January 22,1904, the relator occupied the position of first assistant engineer in the Elmira fire department. On that day the board'of fire commissioners passed a resolution abolishing/the posi tion. It was also resolved.“ That on and after February 1st, 1904, there, be and are hereby - established the offices of First District" Chief and Second District Chief.” Three days later the relator . was notified that he was discharged from, the Elmira fire department, to take effect January 31, 1904, in accordance with the resolution. Upon the trial of dhe issues of fact raised…
2Cases cited1 opinion
- Matter of GardnerNew York Court of Appeals · 1877
3Cited by2 opinions
- State ex rel. Driffill v. City of AnacondaMontana Supreme Court · 1910
- People ex rel. Lazarus v. SheehanAppellate Division of the Supreme Court of the State of New York · 1909