People ex rel. Gilon v. Coler
Appellate Division of the Supreme Court of the State of New York
Application for certiorari by the people, on the relation of Edward Gilon, to review the determination of Bird S. Coler, as comptroller of the city of New York, in dismissing the relator from the office of collector of assessments and arrears. Writ dismissed.
1Dissent
HATCH, J.,
after stating the facts as above (dissenting). The position held by the relator was not confidential in character. Consequently he was not subject to arbitrary removal by the comptroller. People v. Dalton, 41 App. Div. 458, 58 N. Y. Supp. 929, affirmed on appeal in 160 N. Y. 686, 55 N. E. 1099. In the above case, on a former appeal (158 N. Y. 204, 52 N. E. 1119), it was held that the determination as to whether a given position is one of trust and confidence, and therefore confidential, is largely governed by the provisions of the statute which define the particular duties and…
2Cases cited7 opinions
- People Ex Rel. Tate v. . DaltonNew York Court of Appeals · 1899
- People Ex Rel. Fallon v. . WrightNew York Court of Appeals · 1896
- People ex rel. Fallon v. WrightAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Tate v. DaltonAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Deloughry v. WellesAppellate Division of the Supreme Court of the State of New York · 1896
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