Legal Opinion
Uphoff v. Roberts
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 1935PublishedCited by 6 opinions
1Per curiam
The petitioner, in his petition, prayed for per-
emptory mandamus to which he was not entitled, as the pleadings presented an issue of fact. The petition alleges, and the answer denies, that petitioner was discharged from his position for purely political reasons. . The main question argued on this appeal is whether or not petitioner has excused bis delay in commencing this proceeding. This court has held that a delay beyond four months calls for an excuse. (Matter of Williams v. Pyrke, 233 App. Div. 345.) Petitioner’s excuse is that a case, in all respects like the instant case, has been…
2Cases cited3 opinions
- Williams v. PyrkeAppellate Division of the Supreme Court of the State of New York · 1931
- In re McDonaldAppellate Division of the Supreme Court of the State of New York · 1898
- Merriweather v. RobertsAppellate Division of the Supreme Court of the State of New York · 1934
3Cited by6 opinions
- Peruzzin v. TestAppellate Division of the Supreme Court of the State of New York · 1953
- Insley v. ShanahanNew York Supreme Court · 1940
- GRANTO, NICOLAS v. CITY OF NIAGARA FALLSAppellate Division of the Supreme Court of the State of New York · 2017
- Granto v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 2017
- Granto v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 2017
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