Wallace v. McElligott

In a certiorari proceeding brought to review the determination of the fire chief and commissioner of the fire department of the city of New York, removing the petitioner from his position as laborer in the employ of the city of New York, assigned to duty in the fire department, determination unanimously confirmed and certiorari proceeding dismissed, without costs. In our opinion, the petitioner, by his failure to claim, prior to or upon the hearing before the commissioner, his now asserted veteran’s status as an honorably-discharged soldier who served in the World war (Civil Service Law, §…