Legal Opinion
O'Day v. Yeager
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1954PublishedCited by 2 opinions
1Per curiam
This is an article 78 proceeding for the reinstatement of petitioner as clerk of the Surrogate’s Court of Erie County. The respondent Surrogate has made an order purporting to revoke petitioner’s appointment as clerk. No charges were filed, and no hearing was held. Petitioner, an honorably discharged veteran of World War II, claims the protection of section 22 of the Civil Service Law.
While section 21 of the Surrogate’s Court Act in terms empowers the Surrogate to remove the clerk “ at pleasure ”, there is no doubt that this power is subject to section 22 of the Civil Service Law. (People ex…
2Cases cited14 opinions
- People Ex Rel. Jacobus v. . Van WyckNew York Court of Appeals · 1899
- Matter of Byrnes v. WindelsNew York Court of Appeals · 1934
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1879
- People Ex Rel. Hoefle v. . CahillNew York Court of Appeals · 1907
- Matter of Mylod v. GravesNew York Court of Appeals · 1937
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3Cited by2 opinions
- Rappel v. RobertsNew York Supreme Court · 1973
- Erikson v. HelfandAppellate Division of the Supreme Court of the State of New York · 1955