Davis v. Sayer
Appellate Division of the Supreme Court of the State of New York
Certiorari order granted out of the Supreme Court at the Kings Special Term on the 12th day of August, 1922, and entered in the office of the clerk of the county of Kings, directed to Henry D. Sayer, Industrial Commissioner, Department of Labor of the State of New York, commanding him to certify and return to said clerk’s office all and singular his proceedings had in connection with the dismissal of the petitioner from the position of assistant chief of claims in the Bureau…
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Certiorari order granted out of the Supreme Court at the Kings Special Term on the 12th day of August, 1922, and entered in the office of the clerk of the county of Kings, directed to Henry D. Sayer, Industrial Commissioner, Department of Labor of the State of New York, commanding him to certify and return to said clerk’s office all and singular his proceedings had in connection with the dismissal of the petitioner from the position of assistant chief of claims in the Bureau of Workmen’s Compensation of the Department of Labor of the State of New York.
1Opinion of the Court
Kelly, P. J.:
The petitioner, Davis, was entitled to the protection of the Civil Service Law, and could not be removed from his position in the Labor Department except for incompetency or misconduct shown after a hearing upon due notice upon stated charges. (Civ. Serv. Law, § 22, as amd. by Laws of 1920, chap. 833; People ex rel. Long v. Whitney, 143 App. Div. 17.) He appears to have obtained a position in the office of the Industrial Commissioner, Labor Department, and on January 1, 1922, was an examiner in that office at a salary of $1,800 per annum. On January 1, 1922, his salary was…
2Cases cited14 opinions
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- People, Ex Rel. Keech v. . ThompsonNew York Court of Appeals · 1884
- People Ex Rel. Kennedy v. . BradyNew York Court of Appeals · 1901
- People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878
- Matter of Griffin v. . ThompsonNew York Court of Appeals · 1911
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3Cited by3 opinions
- Cooke v. DodgeNew York Supreme Court · 1937
- In re ClarkNew York Supreme Court · 1969
- Madawick Contracting Co. v. Travelers Ins. Co.Appellate Division of the Supreme Court of the State of New York · 1953