People ex rel. Albertson v. McAdoo

This is an application to restore the relator to the position of inspector in the police department. The material facts stand practically undisputed. So far as there is conflict the averments of the answering affidavits must be taken as true, as the application is one for a peremptory writ. People ex rel. Pumpyansky v. Keating, 168 N. Y. 390. On June 23, 1903, the then police commissioner assumed to appoint the relator and two others to inspector-ships in the police department, acting under the belief that vacancies existed. The charter provides for fifteen inspectors. § 276. On February 1,…