Legal Opinion
Neary v. O'Connor
New York Supreme Court
Decided March 28, 1940PublishedCited by 3 opinions
1Opinion of the CourtLapham, J.
This is a proceeding under article 78 of the Civil Practice Act which seeks a reinstatement of the petitioner to the office of judge’s clerk of the Criminal Branch of the City Court of the City of Rochester, New York. The petitioner was appointed without a competitive examination to the position of judge’s clerk by Judges Tompkins, Gitelman and Mix as a majority of the judges of the City Court of Rochester on June 22, 1936. After serving continuously from that time until December 31, 1939, he was dismissed from office on January 2, 1940, by the judges of the City Court. On January 3, 1940,…
2Cases cited7 opinions
- Matter of Andresen v. RiceNew York Court of Appeals · 1938
- Chittenden v. . WursterNew York Court of Appeals · 1897
- People Ex Rel. McClelland v. . RobertsNew York Court of Appeals · 1896
- Palmer v. Board of EducationNew York Court of Appeals · 1937
- Matter of Byrnes v. WindelsNew York Court of Appeals · 1934
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State Ex Rel. Murtagh v. Department of City Civil ServiceSupreme Court of Louisiana · 1949
- Smith v. ConwayNew York Supreme Court · 1950
- O'Brien v. HughesAppellate Division of the Supreme Court of the State of New York · 1946