People Ex Rel. Leary v. . Knox
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made November 9, 1900, Avliich reversed an order of Special Term granting a peremptory Avrit of mandamus requiring the defendants to certify upon the payroll of the relator that he Avas prompted to the position of roundsman of the police force of the city of New York and entitled to pay as such. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made November 9, 1900, Avliich reversed an order of Special Term granting a peremptory Avrit of mandamus requiring the defendants to certify upon the payroll of the relator that he Avas prompted to the position of roundsman of the police force of the city of New York and entitled to pay as such. The facts, so far as material, are stated in the opinion. Relator’s appointment without civil service examination was proper. (L. 1882, ch. 410; L. 1883, ch. 354; L. 1884, ch. 410; L. 1894, ch. 354;…
1DissentLandon, J.
The question presented by this appeal is whether the relator under his appointment and service as patrolman before the charter of Greater Kew York took effect, and his continuance in service under that charter and until his alleged promotion from patrolman to roundsman June 1, 1900, was then eligible to such promotion by the board of police because of 'meritorious police service, without passing the civil service examination required by sections 208 and 304 of the charter of Greater Kew York, chapter 378, Laws 1897, and by chapter 370, Laws 1899, known as the White Civil Service Act. Section…
2Cases cited3 opinions
- People ex rel. Schelpp v. KnoxAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Buckley v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Grady v. KnoxAppellate Division of the Supreme Court of the State of New York · 1900