People Ex Rel. O'Connor v. . Girvin
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 23, 1919, which affirmed an order of Special Term grantng a motion for a peremptory writ of mandamus to compel defendants to reassign * the relator to duty as a detective-sergeant in the police department of the city of Buffalo. The facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 23, 1919, which affirmed an order of Special Term grantng a motion for a peremptory writ of mandamus to compel defendants to reassign * the relator to duty as a detective-sergeant in the police department of the city of Buffalo. The facts, so far as material, are stated in the opinion. Detective-sergeants of the Buffalo police force are patrolmen detailed to detective duty and may be reassigned to patrol duty in the sound discretion of the commissioner of public…
1Opinion of the CourtCardozo, J.
In February, 1892, the relator, naving passed a civil service examination, was appointed a patrolman by the police, commissioners of the city of Buffalo. In February, 1904, he was designated by the superintendent of police to act as detective-sergeant. He served as such until February, 1919, when his designation was revoked, and he was reassigned to duty as a patrolman.' The legality of this revocation, in default of charges of misconduct, is the question to be determined.
Under the law as it stood before 1914, when the present charter of Buffalo was adopted, there was little, if any, room for…
2Cases cited1 opinion
- People ex rel. Buckley v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by14 opinions
- Grossman v. RankinNew York Court of Appeals · 1977
- Monahan v. Department of Water & PowerCalifornia Court of Appeal · 1941
- Matter of Ryan v. . City of New YorkNew York Court of Appeals · 1920
- MATTER OF SCOTTO v. DinkinsNew York Court of Appeals · 1995
- State Ex Rel. Reilly v. Civil Service CommissionWashington Supreme Court · 1941
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