Pratt v. Phelan
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, John Gr. Pratt, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Rensselaer on the 11th day of September, 1901, denying his application for either a peremptory or an alternative writ of mandamus, requiring John Phelan, commissioner of public works of the city of Troy, to reinstate the' petitioner in the position formerly held by him as assistant engineer Under the public…
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Appeal by the petitioner, John Gr. Pratt, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Rensselaer on the 11th day of September, 1901, denying his application for either a peremptory or an alternative writ of mandamus, requiring John Phelan, commissioner of public works of the city of Troy, to reinstate the' petitioner in the position formerly held by him as assistant engineer Under the public works department of the city of Troy.
1Opinion of the Court
Parker, P. J. :
From the affidavits filed by the relator in. this matter it appears that in February, 1884, he was appointed, and had since up to January 22, 1900, been continuously employed, as an assistant engineer at the main pumping. station of the water works system of the city of Troy; that there were five' other assistant engineers employed at shell station, each of whom performed like duties and received the same compensation, viz., seventy-five - dollars per month, as the. relator" did ; that such men worked in shifts of eight *351hours each, two of them working together in each shift;…
2Cases cited1 opinion
- Matter of Stutzbach v. . ColerNew York Court of Appeals · 1901
3Cited by5 opinions
- Jones v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1903
- Jones v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1903
- In re DooleyNew York Supreme Court · 1913
- People ex rel. Karl v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Shaughnessy v. FornesAppellate Division of the Supreme Court of the State of New York · 1902