People ex rel. Melledy v. Shea
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Thomas H. Melledy, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of March, 1902, denying the relator’s motion for a peremptory writ of mandamus.
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Appeal by the relator, Thomas H. Melledy, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of March, 1902, denying the relator’s motion for a peremptory writ of mandamus. The relator applied for a peremptory writ of mandamus directing the defendant, John L. Shea, as commissioner of bridges of the city of New York, to make requisition upon the civil service commissioners of such city for the names of persons eligible and on the preferred list of appointments to the position of bridge tender,…
1Opinion of the Court
McLaughlin, J.:
We are of-the opinion that the application of the relator should have been granted. The facts stated by him in his application as entitling him to a preference not being denied, clearly entitled him, under the statutes, to a preference in appointment. The Constitution of the State (Art. 5, § 9), as well as the statutes passed in pursuance thereof, conferred upon him this right. That he was entitled to a preference is conceded, but it is sought to justify the act of the commission in not certifying his name to the commissioner of bridges, and the commissioner of bridges in not…
2Cited by6 opinions
- People Ex Rel. La Chicotte v. . BestNew York Court of Appeals · 1907
- People ex rel. Hatch v. LantryAppellate Division of the Supreme Court of the State of New York · 1903
- Morse v. DelaneyNew York Supreme Court · 1926
- People ex rel. Coyne v. SheaAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Coyne v. SheaAppellate Division of the Supreme Court of the State of New York · 1902
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