Matter of Merriweather v. Roberts
New York Court of Appeals
The moving papers fail to show a clear legal right to an order of mandamus. (Matter of Meehan v. Flaherty, 119 App. Div. 128; Chian verini v. Murray, 237 App. Div. 856; Walsh v. Patterson, 239 App. Div. 757; People ex rel., Hannan v. Board of Health, 153 N. Y. 513.) Section 25 of the Civil Service Law (Cons. Laws, ch. 7) is not intended to be enforceable in reference to non-competitive positions or those in the labor class.
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The moving papers fail to show a clear legal right to an order of mandamus. (Matter of Meehan v. Flaherty, 119 App. Div. 128; Chian verini v. Murray, 237 App. Div. 856; Walsh v. Patterson, 239 App. Div. 757; People ex rel., Hannan v. Board of Health, 153 N. Y. 513.) Section 25 of the Civil Service Law (Cons. Laws, ch. 7) is not intended to be enforceable in reference to non-competitive positions or those in the labor class. (Matter of Stutsback v. Color, 168 N. Y. 416; People ex rel. Davison v. Williams, 213 N. Y. 130; Matter of Fornara v. Schroeder, 261 N. Y. 363; People ex rel. Garvey v.…
1DissentO’Bbien, J.
This petitioner, Merri-weather, proved his merit and fitness for the position of assistant bathhouse keeper of the city of Buffalo by qualifying in a non-competitive examination and in December, 1930, he was appointed to that position. In April, 1934, he was removed by the Board of Health, solely for political considerations as lie alleges, and another person of the same political affiliations as those of the members of the Board of Health was appointed in his place. His allegations relating to the cause of his removal are denied by the removing officers and, on the issue thus created, the…
2Cases cited4 opinions
- Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890
- People ex rel. Garvey v. PrendergastAppellate Division of the Supreme Court of the State of New York · 1911
- People Ex Rel. Somerville v. . WilliamsNew York Court of Appeals · 1916
- People ex rel. Gallup v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910