People ex rel. Rice v. Sturgis
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Mandamus by the people, on the relation of Thomas F. Rice, against Thomas Sturgis, commissioner of the fire department of the city of New York, to compel relator’s reinstatement as a foreman in the department. Order denying motion for the writ, and relator appeals.
1Opinion of the CourtIngraham, J.
The relator alleged in his petition upon, which this application was made that he had been duly appointed a member of the uniformed force of the fire department, and that on or about the 7th day of March, 1902, he was removed from said position, and his name was dropped from the rolls of the department by the direction of the respondent, although no written charges had been preferred against him, and no opportunity afforded him to be heard in his defense upon any charges as required by law. In answer to this petition, an affidavit of the commissioner was submitted, which stated that:
“The…
2Cases cited2 opinions
- People ex rel. Fahy v. YorkAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Brennan v. SturgisAppellate Division of the Supreme Court of the State of New York · 1902