Lazenby v. Municipal Civil Service Commission
Appellate Division of the Supreme Court of the State of New York
Appeal by the Municipal Civil Service Commission of the city of Elmira, New York, from an order of the Supreme .Court, made at the Broome Special Term and entered in the office of the cleric of the county of Chemung on the 9th day of July, 1906, granting the petitioner’s application for a peremptory writ of mandamus. In the month of May, 1900, the respondent Lazenby was appointed to the position of roundsman on the police force of, the city of Elmira.
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Appeal by the Municipal Civil Service Commission of the city of Elmira, New York, from an order of the Supreme .Court, made at the Broome Special Term and entered in the office of the cleric of the county of Chemung on the 9th day of July, 1906, granting the petitioner’s application for a peremptory writ of mandamus. In the month of May, 1900, the respondent Lazenby was appointed to the position of roundsman on the police force of, the city of Elmira. On June 15,1902, the position was abolished and Lazenby discharged. The position was recreated about January 30, 1904, on which date a…
1Opinion of the Court
Parker, P. J.:
The certificate which is required to be annexed to the payroll in' order to authorize payment to Lazenby, and to wlpch thé mandamus herein refers, is to this effect: That he, Lazenby, “ has been appointed in pursuance of law, ahd of the rules made in pursuance of law.” The civil service commission, being now of the opinion that Lazenby'was not in fact eligible to. the office when he was ^appointed, and that their certificate to the effect that he was, which they issued to him in January, 1904, was erroneous in that respect, now- refuse to certify to his payroll as above…
2Cases cited2 opinions
- People ex rel. Mullen v. SheffieldAppellate Division of the Supreme Court of the State of New York · 1897
- Burke v. HoltzmannAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by15 opinions
- Matter of Wolff v. HodsonNew York Court of Appeals · 1941
- Matter of Kaney v. New York State Civil Service Comm.New York Court of Appeals · 1948
- Going v. KennedyAppellate Division of the Supreme Court of the State of New York · 1958
- Deth v. CastimoreAppellate Division of the Supreme Court of the State of New York · 1935
- People ex rel. Joyce v. SchirmerAppellate Division of the Supreme Court of the State of New York · 1938
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