McCloskey v. Willis
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, James McCloskey, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of February, 1897, denying his application for a writ of mandamus commanding Theodore B. Willis, the commissioner of city works of the city of Brooklyn, to reinstate him in the position theretofore held by him as foreman of the bureau of street construction and maintenance in such…
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Appeal by the relator, James McCloskey, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of February, 1897, denying his application for a writ of mandamus commanding Theodore B. Willis, the commissioner of city works of the city of Brooklyn, to reinstate him in the position theretofore held by him as foreman of the bureau of street construction and maintenance in such department.
1Opinion of the Court
Willard Bartlett, J.:
A peremptory writ of mandamus was properly refused in this case, but I think that an alternative writ should have been granted.
The proceeding was instituted to compel the commissioner of city works to give the appellant the preference to which he claims to be entitled as a Union veteran under the statute which provides that in every public department and upon all the public works of any city honorably-discharged Union soldiers, sailors and marines shall be preferred for appointment, employment and promotion. (Laws of 1884, chap. 312, as amended by Laws of 1887, chap. 464,…
2Cases cited2 opinions
- Sullivan v. GilroyNew York Supreme Court · 1890
- People ex rel. Uhrie v. GilroyNew York Supreme Court · 1891
3Cited by7 opinions
- In re Application of StutzbachAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Broderick v. MortonAppellate Division of the Supreme Court of the State of New York · 1898
- Stutzbach v. ColerAppellate Division of the Supreme Court of the State of New York · 1901
- In re Application of StutzbachAppellate Division of the Supreme Court of the State of New York · 1901
- In re BartonNew York Supreme Court · 1910
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