Kelly v. York
Appellate Division of the Supreme Court of the State of New York
Appeal by Bernard J. York and others, composing the board of police commissioners of the city of Hew York, from an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county of Queens on the 20th day of March, 1899, directing the issuance of a peremptory writ of mandamus commanding them to reinstate the petitioner in the public service of the city of Hew York, for service or employment therein under the direction…
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Appeal by Bernard J. York and others, composing the board of police commissioners of the city of Hew York, from an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county of Queens on the 20th day of March, 1899, directing the issuance of a peremptory writ of mandamus commanding them to reinstate the petitioner in the public service of the city of Hew York, for service or employment therein under the direction of said board, and to transfer and assign him to such branch of said service for duty in such position as he may be…
1Opinion of the Court
Woodward, J.:
It is not the policy of the law, as a general proposition, to make-it obligatory upon public officials to keep in position men for whom there is no public necessity ; and in the few exceptions which the; Legislature has seen fit to make to this general rule, it is the duty of the court to see that the letter of the law is not transcended. The relator, who is concededly a veteran of the fire department of Long Island City, so as to come within the provisions of chapter *284577 of the Laws of 1892 (Amending § 1 of chap. 119 of the Laws of 1888), was duly appointed as a “ boiler…
2Cases cited2 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- People Ex Rel. Jacobus v. . Van WyckNew York Court of Appeals · 1899
3Cited by8 opinions
- State v. City of SeattleWashington Supreme Court · 1913
- Garvey v. City of LowellMassachusetts Supreme Judicial Court · 1908
- State Ex Rel. Hammond v. MaxfieldUtah Supreme Court · 1942
- People ex rel. Hartough v. ScannellAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Nason v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1901
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