In re Goldschmidt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lamar Hardy, as corporation counsel, 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 2d day of October, 1916, directing the issuance of a writ of mandamus commanding the appellant to execute a certificate certifying that the relator was the prevailing, party in a certain proceeding, and commanding him further to exercise his judgment as to the reasonable…
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Appeal by the defendant, Lamar Hardy, as corporation counsel, 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 2d day of October, 1916, directing the issuance of a writ of mandamus commanding the appellant to execute a certificate certifying that the relator was the prevailing, party in a certain proceeding, and commanding him further to exercise his judgment as to the reasonable value of the services rendered by relator’s counsel in such proceeding and to include his determination in the said…
1Opinion of the Court
Page, J.:
In the month of February, 1915, the relator was appointed as an accountant in the department of education. In the following May, at the close of his probationary period, the committee on supplies of the board of education dispensed with his services from the end of the month. Thereafter, and on June twenty-third, the board of education ratified the act of the committee. The relator thereupon applied for a peremptory writ of mandamus to compel his reinstatement. The writ was granted by the Special Term. On appeal to this court the order was reversed and the motion for the writ denied.…
2Cases cited5 opinions
- Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
- People Ex Rel. Hoefle v. . CahillNew York Court of Appeals · 1907
- Sutliffe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- People Ex Rel. Goldschmidt v. . Bd. of EducationNew York Court of Appeals · 1916
- Goldschmidt v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- People ex rel. Vicary v. ThurstonAppellate Division of the Supreme Court of the State of New York · 1934