Fogarty v. Warden

The petitioner, Joseph A. Fogarty, was the City Manager of the City of Newburgh duly appointed to that position on January 2,1940. The respondents making the cross application are the Mayor and two other Councilmen of the City of Newburgh. On or about January 20, 1948, the respondents Warden, Slack and Hutchins delivered to the petitioner a letter bearing that date, the substance of which was, “ We, the undersigned, Mayor and City Councilmen, do hereby request your resignation, to take effect immediately, unless you see fit to exercise your right to have a hearing within the stipulated time…