People ex rel. Ray v. McAneny
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, made at Special Term and entered on the 35th day of July, 1913, denying the petition of the relator for the issuance of a writ of mandamus directing the respondent to reinstate the relator to the position of foreman painter in the bureau of buildings in the borough of Manhattan, city of New York.
1Per curiam
The order appealed from should be affirmed upon the ground that the relator has not shown that there is" any vacancy existing to which he could be appointed and that the respondent is not required to create a vacancy by the removal of some other person for his benefit. (Matter of Breckinridge, 160 N. Y. 103; People ex rel. Chappel v. Lindenthal, 173 id. 524; Matter of Gilfillan, 127 App. Div. 846; affd. on opinion below, 193 N. Y. 655; People ex rel. Forests v. Williams, 140 App. Div. 723; Matter of Barton v. Brannan, 141 id. 295.) The position that he occupied has been abolished. No one has…
2Cases cited3 opinions
- Breckenridge v. ScannellNew York Court of Appeals · 1899
- People ex rel. Forest v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910
- In re GilfillanAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- People Ex Rel. Davison v. . WilliamsNew York Court of Appeals · 1914
- Nester v. Pennsylvania Liquor Control Board, Pennsylvania Court of Common Pleas, Dauphin County1941