Legal Opinion

People ex rel. Weaver v. Farley

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1911PublishedCited by 1 opinion

Appeal by the defendant^ William W. Farley, as State Commissioner of Excise of the State of New York, from an order of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of Albany on the 21st day of June, 1911, directing the issuance of a peremptory writ of mandamus compelling’ the defendant to reappoint the relator as special agent of the Department of Excise.

1Per curiam

The State Commissioner of Excise ’attempted to remove this relator from his position as special agent of the department without charges and without hearing. The Civil Service Commission had put the position in the competitive class. The relator was a veteran. Application was made by the State Commissioner to put these sixty agents in the non-competitive class. This was refused by the Civil Service Commission. The State Commissioner now asserts that the position cannot be lawfully put in the competitive class, because an examination therefor is not practicable. For many years an examination *421has…

2Cases cited2 opinions

  1. People Ex Rel. Sweet v. . LymanNew York Court of Appeals · 1898
  2. People ex rel. Merritt v. KraftAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by1 opinion

  1. In re ChristeyNew York Supreme Court · 1914

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