People ex rel. Brennan v. Sturgis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas Sturgis, commissioner of the fire department of the city of New York, 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 27th day of June, 1902, granting the relator’s motion for a peremptory writ of mandamus requiring the defendant to replace the relator’s name upon the rolls of the fire department of the city of New York and to restore him to the…
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Appeal by the defendant, Thomas Sturgis, commissioner of the fire department of the city of New York, 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 27th day of June, 1902, granting the relator’s motion for a peremptory writ of mandamus requiring the defendant to replace the relator’s name upon the rolls of the fire department of the city of New York and to restore him to the position of assistant foreman in said fire department.
1Opinion of the Court
Ingraham, J.:
The relator, a member of the uniformed force of the fire department, presented to the court a petition stating that on the 7th of March, 1902, he was removed from his position and his name was dropped from the rolls of the said fire department by the direction of the respondent, although no written charges had been preferred or made against him and no opportunity afforded him to be heard in his defense upon any charge as required by law. By the *153affidavit in opposition to this petition it appeared that the relator was, on February 14, 1902, charged by the foreman with being absent…
2Cases cited2 opinions
- People ex rel. Fahy v. YorkAppellate Division of the Supreme Court of the State of New York · 1900
- People Ex Rel. Fahy v. . YorkNew York Court of Appeals · 1900