People ex rel. Garrity v. Walsh
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, James A. Garrity, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on .the 28th day of August, 1917, denying his application for a peremptory writ of mandamus.
1Opinion of the Court
Thomas, J.:
The appellant was appointed in 1909 chief probation officer by the city judge of Yonkers, and was removed in 1917 by the defendant, who, by reason of a vacancy in the office of city judge of the City Court of Yonkers, had been appointed to that position by the mayor of the city of Yonkers. Appellant contends (1) that the city judge is not an officer of the city of Yonkers, and, therefore, the mayor had no power to appoint Walsh to the vacancy, but that the appointment rests with the Governor; (2) that if Walsh was city judge, it was by appointment, and that appellant could be…
2Cases cited3 opinions
- Matter of Simons v. . McGuireNew York Court of Appeals · 1912
- People Ex Rel. Fallon v. . WrightNew York Court of Appeals · 1896
- People ex rel. McNeile v. GlynnAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- Ledwith v. RosalskyNew York Court of Appeals · 1927
- Freund v. HoganNew York Court of Appeals · 1934
- Carroll v. MurrayNew York Supreme Court · 1927
- Madawick Contracting Co. v. Travelers Ins. Co.Appellate Division of the Supreme Court of the State of New York · 1953
- Brown v. SistiNew York Supreme Court · 1936