Dill v. Wheeler
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 7, 1905, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the' defendants to certify the appointment of the petitioner as battalion chief in the fire department of the city of Buffalo and to reclassify said position. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 7, 1905, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the' defendants to certify the appointment of the petitioner as battalion chief in the fire department of the city of Buffalo and to reclassify said position. The facts, so far as material, are stated in the opinion. The court had full power to review the action of the civil service commission in this proceeding. (Matter of Keiner, 148 N. Y. 219; People ex rel. Sweet…
1Opinion of the Court
Cullen, Ch. J.
The relator was appointed a battalion chief in the fire department of the city of Buffalo on July lltli, 1904. The municipal civil service commission refused to certify to relator’s pay because he had not taken a competitive examination and his name not been placed on the eligible list for that position. Thereupon he applied for a writ of mandamus to the civil service commission requiring it to reclassify the position held by him and place the same in the exempt class and to certify to his salary. The application was denied at Special Term, and the order entered thereon was…
2Cited by7 opinions
- Bischoff v. County of WayneMichigan Supreme Court · 1948
- People Ex Rel. Peixotto v. . Bd. of EducationNew York Court of Appeals · 1914
- Cook v. Civil Service CommissionCalifornia Supreme Court · 1911
- Hammond v. RickerAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Quinn v. VoorhisAppellate Division of the Supreme Court of the State of New York · 1906
2 more not listed; retrieve them via the Exa API.