Legal Opinion

People Ex Rel. Van Tine v. . Purdy

New York Court of Appeals

Decided October 23, 1917PublishedCited by 22 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 16, 1917, which affirmed an order of Special Term denying a motion for a writ of mandamus to compel the defendants to restore the relator to the office of deputy tax commissioner of the city of New York. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 16, 1917, which affirmed an order of Special Term denying a motion for a writ of mandamus to compel the defendants to restore the relator to the office of deputy tax commissioner of the city of New York. The facts, so far as material, are stated in the opinion. The dismissal of the relator without giving him an opportunity of making an explanation was contrary to the provisions of section 1543 of the Greater New York charter. (Matter of Griffin v. Thompson, 202 N. Y. 104;…

1Opinion of the CourtMcLaughlin, J.

This appeal is from an order of the Appellate Division, first department, which unanimously affirmed an order of the Special Term, denying the relator’s application for a peremptory writ of mandamus compelling defendants to reinstate him as deputy tax commissioner of the city of New York. The facts set out in the petition upon, which the application was based were undisputed. The petition set forth, in substance, that in September, 1900, the relator having taken and passed a competitive examination according to law and the civil service rules, was regularly appointed from the civil service…

2Cases cited7 opinions

  1. Matter of Griffin v. . ThompsonNew York Court of Appeals · 1911
  2. People ex rel. Mitchel v. LaGrangeAppellate Division of the Supreme Court of the State of New York · 1896
  3. People Ex Rel. Perrine v. . ConnollyNew York Court of Appeals · 1916
  4. People Ex Rel. Ryan v. . WellsNew York Court of Appeals · 1904
  5. People Ex Rel. Ryan v. . WellsNew York Court of Appeals · 1903

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3Cited by22 opinions

  1. Matter of Brennan v. Bd. of EducationNew York Court of Appeals · 1927
  2. Battipaglia v. Executive Committee of the Democratic County CommitteeNew York Supreme Court · 1959
  3. Local 342 v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2008
  4. Matter of Smidt v. McKeeNew York Court of Appeals · 1933
  5. Crowley v. FowlerAppellate Division of the Supreme Court of the State of New York · 1926

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