Legal Opinion

People ex rel. Kinney v. White

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1901PublishedCited by 6 opinions

Certiorari issued out of the Supreme Court and attested on the 16th day of October, 1900, directed to Patrick J. White, president, and others, composing the school board for the borough of Queens in the city of New York, commanding them to certify and_return to the office of the clerk of the county of Queens all and singular their proceedings had in relation to the removal of the relator from the position of attendance officer of said school- board and their refusal to…

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Certiorari issued out of the Supreme Court and attested on the 16th day of October, 1900, directed to Patrick J. White, president, and others, composing the school board for the borough of Queens in the city of New York, commanding them to certify and_return to the office of the clerk of the county of Queens all and singular their proceedings had in relation to the removal of the relator from the position of attendance officer of said school- board and their refusal to reinstate him in such position. Section 1117 of the Greater New York charter (Laws of 1897, chap. 878), which is referred to…

1Opinion of the Court

Sewell, J.:

It appears by the return herein that William. H. Allen was duly .appointed attendance officer by the board'of education of the village ■of Flushing on the 29th day of June, 1897, “ for the ensuing school year from September 1, 1897; ” that Allen resigned, and on January 4, 1898, the relator was appointed to fill the vacancy. It also appears that the relator continued to discharge the duties of attendance officer until September 1, 1898, after which time the borough superintendent refused to recognize the relator as attendance officer, and on January 5, 1899, wrote him as follows:

“…

2Cases cited1 opinion

  1. Hermance v. Board of SupervisorsNew York Court of Appeals · 1877

3Cited by6 opinions

  1. Claim of Aylesworth v. Phœnix Cheese Co.Appellate Division of the Supreme Court of the State of New York · 1915
  2. People ex rel. Fitzgerald v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1903
  3. Prest-O-Lite Co. v. American Auto Supply Co.City of New York Municipal Court · 1913
  4. Black v. Board of Education, New York County Courts1904
  5. Fitzpatrick v. Board of EducationNew York Supreme Court · 1910

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