Legal Opinion

People ex rel. Cattermole v. Bensel

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

Decided October 4, 1907Published

Appeal by the defendant, John A.'Bensel, as commissioner, etc., from a final order of the Supreme Court, made at the Richmond' Special Term and entered in the office of the clerk of the county of Richmond on the 8th day of October, 1906, granting a peremptory writ of mandamus directing said commissioner to reinstate the relator in the.service óf the department of docks and.ferries in the city of New York.

1Opinion of the Court

Miller, J.:

The relator asserts that.hé was discharged from á position in the service of the department of docks and ferries of the city of New *479York without a hearing upon due notice upon stated charges which lie claims he was entitled to, pursuant to section 21 of the Civil Service Law (Laws of 1899, chap. 370, as amd. by Laws of 1904, chap. 697), by reason of the fact that he was a veteran fireman. The appeal is from a final order directing that a peremptory writ of mandamus issue to compel the reinstatement of the relator, made after a trial.. • The appellant asserts that the relator failed…

2Cases cited2 opinions

  1. Matter of Stutzbach v. . ColerNew York Court of Appeals · 1901
  2. People ex rel. Brady v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1896

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