Smith v. Board of Stadium & Memorial Auditorium

Petitioner seeks an order under article 78 of the Civil Practice Act, reinstating him to his former position of “ Director of Stadium and Memorial Auditorium ” of the City of Buffalo, New York.

He is an honorably discharged veteran of World War I and contends that under subdivision 1 of section 22 of the Civil Service Law, he could not be removed except for incompetencv *531or misconduct shown after a hearing. No such hearing was had. It is contended by respondents that petitioner was a “ deputy ” and therefore specifically excepted from the protection of subdivision 1 of section 22 and that, in…