Legal Opinion · Dissent

Dalton v. Darlington

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

Decided January 24, 1908Published

Appeal by the defendants, Thomas Darlington and others, as commissioners, etc., and the Department of Health of the City of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 28th day of March, 1907, granting the relator’s motion for a peremptory writ of mandamus.

1Dissent

Hooker, J. (dissenting):

The appellants are commissioners composing the board of health of the city of Hew York and the department of health of that city. On September 2, 1908, the relator took a competitive examination for the position of food inspector in the department of .health, and passed successfully. On Juné 5, 1906, he was notified by the'secretary of the municipal civil service commission of the city of Hew York that his name had been certified to the department of health for the position of inspector of foods, and oh the 16th of July, 1906, he was duly appointed, an inspector of…

2Cases cited1 opinion

  1. People ex rel. McMorrow v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1897

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