Burke v. Hayden

The petitioner, an honorably discharged and disabled veteran of World War II, in this proceeding instituted pursuant to article 78 of the Civil Practice Act seeks to invoke its mandamus provisions to compel the respondent commissioner of public works of the City of Troy, New York, to reinstate him with accrued salary to his position in the labor class of said city which he had occupied from 1945 until his discharge on January 13 of this year. Admittedly there was no compliance by the respondent with the provisions of section 22 of the Civil Service Law which has been held to apply to…