People Ex Rel. Walker v. . Ahearn
New York Court of Appeals
Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1910, which modified and affirmed as modified an order of Special Term granting a motion for a peremptory writ of mandamus to compel the reinstatement of the relator in the position of superintendent of public buildings in the borough of Manhattan.
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Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1910, which modified and affirmed as modified an order of Special Term granting a motion for a peremptory writ of mandamus to compel the reinstatement of the relator in the position of superintendent of public buildings in the borough of Manhattan. The order as modified and affirmed directed the issuance of a peremptory writ of mandamus for the reinstatement of the relator and awarded costs against John F. Ahearn as president of the borough of Manhattan.…
1Opinion of the CourtWillard Bartlett, J.
This is a proceeding against a municipal officer for the enforcement of a right of the relator against the municipality. Such a proceeding does not abate by the removal or retirement of the municipal officer "against whom it is originally instituted, but may be continued against his successor in office. (People ex rel. La Chicotte v. Best, 187 N. Y. 1, 7, and cases there cited.) In the case cited it was held that a mandamus proceeding for the reinstatement of an assistant engineer in the department of bridges in New York city did not abate by the resignation of the commissioner of bridges…
2Cases cited1 opinion
- People Ex Rel. La Chicotte v. . BestNew York Court of Appeals · 1907
3Cited by7 opinions
- Matter of Newbrand v. City of YonkersNew York Court of Appeals · 1941
- Knights v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1920
- Boise-Kuna Irrigation District v. HartsonIdaho Supreme Court · 1929
- Matter of Rox v. DohertyNew York Court of Appeals · 1940
- City of New York v. VoorhisNew York Supreme Court · 1911
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