Dunphy v. Kingsbury
Appellate Division of the Supreme Court of the State of New York
Appeal by John A. Kingsbury, individually and as commissioner of the department of public charities of the city of New York, and by Henry Moscowitz and others, individually and as commissioners of the civil service commission, 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 6th day of December, 1915, granting relator’s motion in part and directing the issuance of an alternative…
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Appeal by John A. Kingsbury, individually and as commissioner of the department of public charities of the city of New York, and by Henry Moscowitz and others, individually and as commissioners of the civil service commission, 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 6th day of December, 1915, granting relator’s motion in part and directing the issuance of an alternative writ of mandamus for her reinstatement to the position of superintendent of the New York City Children’s Hospitals and…
1Opinion of the Court
Laughlin, J.:
The respondent contends that her position fell within the provisions of section 1543 of the G-reater New York charter (Laws of 1901, chap. 466), and that she was entitled to a statement of the charges and an opportunity to explain, and that while charges were served and an opportunity to explain them was to some extent afforded, the charges were too indefinite and the opportunity for explanation was not sufficient; and she further claims that her case was prejudged, and that-the commissioner acted in bad faith and did not remove her .on the charges, but in consummation of his…
2Cases cited13 opinions
- People, Ex Rel. Keech v. . ThompsonNew York Court of Appeals · 1884
- People Ex Rel. Kennedy v. . BradyNew York Court of Appeals · 1901
- People Ex Rel. Fonda v. . MortonNew York Court of Appeals · 1896
- People Ex Rel. Cline v. . RobbNew York Court of Appeals · 1891
- People ex rel. Mitchel v. LaGrangeAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by3 opinions
- Kelly v. MorganAppellate Division of the Supreme Court of the State of New York · 1935
- Rosengarten v. KnappAppellate Division of the Supreme Court of the State of New York · 1932
- Jennings v. WilsonNew York Supreme Court · 1942