McMeekan v. Department of Health

This is the trial of an alternative order of mandamus. A jury was waived.

On July 23, 1926, the petitioner had served as a civil service employee in the health department of the city of New York for a period of twenty years. In the afternoon of August 11, 1926, he filed with the secretary of the board of health of such department an application for his retirement pursuant to section 1323-a of the Greater New York Charter, as amended by chapter 373 of the Laws of 1907, the provisions of which, so far as pertinent, are: “ Any * * * employee who has or shall have performed duty as such * * *…