Legal Opinion

Slavin v. . McGuire

New York Court of Appeals

Decided March 26, 1912PublishedCited by 27 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 16, 1911, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The action is properly brought by a taxpayer of New York city, and an injunction in such an action is provided for by statute.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 16, 1911, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The action is properly brought by a taxpayer of New York city, and an injunction in such an action is provided for by statute. (Steele v. Vil. of Glen Park, 193 N. Y. 341; L. 1902, ch. 301; Cons. Laws, ch. 24, § 51.) The required public notice of a hearing…

1Opinion of the CourtG-kay, J.

The plaintiff brought this action, as a taxpayer, against the municipal civil service commissioners of the city of New York to restrain them from recognizing and enforcing an amendment of the civil service rules, which they had proposed and had caused to be duly approved. The complaint alleges that such amendment is unconstitutional, illegal and void for lack of sufficient notice prior to its adoption and because purporting to grade certain positions in the classified service with reference to compensation only. Issue was joined and the trial resulted in a dismissal of the complaint upon the…

2Cases cited7 opinions

  1. People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
  2. Miller v. City of New YorkNew York Court of Appeals · 1911
  3. Matter of Simons v. . McGuireNew York Court of Appeals · 1912
  4. People Ex Rel. Sims v. . CollierNew York Court of Appeals · 1903
  5. Rogers v. . O'BrienNew York Court of Appeals · 1897

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3Cited by27 opinions

  1. Cash v. BatesNew York Court of Appeals · 1950
  2. Corrigan v. JosephNew York Court of Appeals · 1952
  3. Olmsted v. . MeahlNew York Court of Appeals · 1916
  4. Lewis v. Bd. of Education of City of New YorkNew York Court of Appeals · 1932
  5. Cullen v. New York State Civil Service CommissionDistrict Court, E.D. New York · 1977

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