Legal Opinion

In Re the Removal From Office of Droege

New York Court of Appeals

Decided December 14, 1909PublishedCited by 20 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 26, 1909, which removed the appellant herein from the office of city magistrate in the city of Mew Y orle. The facts, so far as material, are stated in the opinion. The determination of the Appellate Division being a final order in a special proceeding an appeal therefrom lies to this court.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 26, 1909, which removed the appellant herein from the office of city magistrate in the city of Mew Y orle. The facts, so far as material, are stated in the opinion. The determination of the Appellate Division being a final order in a special proceeding an appeal therefrom lies to this court. (Matter of King, 130 N. Y. 602; Matter of Percy, 36 N. Y. 651; Matter of Kelly, 59 N. Y. 595; Matter of Gale, 75 N. Y. 526; Matter of Eldridge, 82 N. Y. 161; Matter of an Attorney, 83 N.…

1Opinion of the CourtWerner, J.

In April, 1908, the Association of the Bar of the City of New York presented to the Appellate Division in the first department a petition praying for the removal of Otto II. Droege from the office of city magistrate of the city of New York, which office he was then holding under an appointment by the mayor of the city made pursuant to the provisions of the charter. This petition was supplemented by a copy of the testimony which had been given before the grievance committee of the Association of the Bar, at the instance of the mayor, through whose instrumentality the investigation had been…

2Cases cited4 opinions

  1. In the Matter of the Application of Henry W. CooperNew York Court of Appeals · 1860
  2. People & Platt v. StoutNew York Supreme Court · 1860
  3. In Re the Application for the Removal From Office of KingNew York Court of Appeals · 1892
  4. Ex parte JohnsonNew York Supreme Court · 1824

3Cited by20 opinions

  1. Self-Insurer's Ass'n v. State Industrial CommissionNew York Court of Appeals · 1918
  2. People v. BranchNew York Court of Appeals · 1994
  3. Sarisohn v. Appellate Division, Second Department, Supreme Court of New YorkDistrict Court, E.D. New York · 1967
  4. Kane v. RudichAppellate Division of the Supreme Court of the State of New York · 1939
  5. Matter of RobinsonNew York Court of Appeals · 1913

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