Walters v. . City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered Hay 3, 1907, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered Hay 3, 1907, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial. Tliis action was brought to recover the sum of $900, or the difference for three years between the salary which the plaintiff claimed he was entitled to receive as clerk in one of the departments of the defendant and that which he was actually paid. The trial court found the following facts in substance : On the 30th of April, 1902, the…
1Opinion of the CourtVann, J.
By section 1543 of the revised charter the heads of all departments and all borough presidents are authorized to appoint and remove all clerics, officers, employees and subordinates in their respective departments, except as otherwise specially provided by law, “ but,” as the section continues, “ no regular clerk or head of a bureau or person holding a position in the classified municipal civil service subject to' competitive examination, shall be removed until he has been allowed an opportunity of making an explanation; and in every case of a removal, the true grounds thereof shall be…
2Cases cited2 opinions
- People Ex Rel. Callahan v. Board of EducationNew York Court of Appeals · 1903
- Walters v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Thoma v. City of New YorkNew York Court of Appeals · 1934
- O'Malley v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1914
- Levitch v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1925
- People ex rel. Crowell v. ConnollyAppellate Division of the Supreme Court of the State of New York · 1914