Legal Opinion

Hammond v. Ricker

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1910PublishedCited by 4 opinions

Cross-appeals by the petitioner, Clark H. Hammond, as corporation counsel, and the defendants, George A. Ricker and others, constituting the municipal civil service commission, and another, from parts of an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 9th day of March, 1910, granting in part and denying in part a motion for a peremptory writ of mandamus commanding the defendants to reclassify…

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Cross-appeals by the petitioner, Clark H. Hammond, as corporation counsel, and the defendants, George A. Ricker and others, constituting the municipal civil service commission, and another, from parts of an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 9th day of March, 1910, granting in part and denying in part a motion for a peremptory writ of mandamus commanding the defendants to reclassify certain positions in the department of law of the city of Buffalo.

1Opinion of the Court

Williams, J.:

The order should be reversed and the proceeding dismissed, without costs.

The applicant for the writ was the corporation counsel of the city of Buffalo, He desired certain positions in his office to be made non-competitive, and the defendants refused to make them such. The Special Term held they were right, except as to one position, and the writ was granted as to that position and denied as to the balance.

First. It is objected that the proceeding could not be maintained without making the State Civil Servicé Commissioners parties. This objection is well taken. The defendants…

2Cases cited4 opinions

  1. People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
  2. Dill v. WheelerNew York Court of Appeals · 1906
  3. People ex rel. Huber v. AdamAppellate Division of the Supreme Court of the State of New York · 1906
  4. Hammond v. RickerNew York Supreme Court · 1919

3Cited by4 opinions

  1. Incorporated Village of Babylon v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1990
  2. Benchin v. KempnerAppellate Division of the Supreme Court of the State of New York · 1911
  3. In re HammondAppellate Division of the Supreme Court of the State of New York · 1910
  4. In re MerriweatherNew York Supreme Court · 1934

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