People Ex Rel. Munday v. Board of Fire Commissioners
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the first judicial department, reversing proceedings of the board of fire commissioners of the city of New York, which removed the relator from his position as clerk in the fire department and restoring him to said position, which proceedings were brought up for review by' certiorari. The relator was a regular clerk in the department.
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Appeal from, judgment of the General Term of the Supreme Court, in the first judicial department, reversing proceedings of the board of fire commissioners of the city of New York, which removed the relator from his position as clerk in the fire department and restoring him to said position, which proceedings were brought up for review by' certiorari. The relator was a regular clerk in the department. On the 14th August, 1877, a notice was served upon him requiring him to show cause why he should not be removed. No cause for the proposed removal was stated. The relator appeared at the time…
1Opinion of the CourtAllen, J.
By the act of 1873, chapter 335, section 28 (S. L., 1873, p. 491), the appellants are empowered to remove all clerks, officers, employees and subordinates of the department under their charge, at pleasure, with this limitation, that such power of removal “ cannot be exercised in respect to any regular clerk or head of a bureau, until he has been informed of the cause of the proposed removal, and has had an opportunity of making an explanation.” It is also required that in every case of removal, the true grounds thereof shall be forthwith entered upon the records of the department, and a…
2Cited by51 opinions
- In Re SawyerSupreme Court of the United States · 1888
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- Biggs v. McBrideOregon Supreme Court · 1889
- People, Ex Rel. Keech v. . ThompsonNew York Court of Appeals · 1884
- People Ex Rel. Kennedy v. . BradyNew York Court of Appeals · 1901
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