People ex rel. Brennan v. Scannell
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Michael Brennan, from an order of the Supreme Court, bearing date the 29th day of April, 1901, and entered in the office of the clerk of the county of New York, denying the relator’s motion for a peremptory or alternative writ of mandamus.
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Appeal by the relator, Michael Brennan, from an order of the Supreme Court, bearing date the 29th day of April, 1901, and entered in the office of the clerk of the county of New York, denying the relator’s motion for a peremptory or alternative writ of mandamus. On the 6th day of December, 1900, the respondent, by an order in writing, appointed relator to the position of hose repairer in the fire department repair shops without compensation until the funds of the department would justify the payment of three dollars and fifty cents a day, such appointment to take effect, on the day following.…
1Opinion of the Court
Laughlin, J.:
The sole question presented by the appeal is whether, in view of the provisions of section 9 of article 5, and section 3 of article 10 of the Constitution, of the provisions of said chapter 370 of the Laws of 1899, enacted pursuant to said section 9 of article 5 of the Constitution, and of the provisions of the Greater Rew York charter (Laws of 1897, chap. 378), and of rule 42 of the State civil service rules and regulations relating to the city of Rew York, the removal of the relator was illegal.
We find no provision of the Constitution, applicable to the position held by the…
2Cases cited10 opinions
- Gregory v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- People Ex Rel. Kennedy v. . BradyNew York Court of Appeals · 1901
- People Ex Rel. Fleming v. . DaltonNew York Court of Appeals · 1899
- People Ex Rel. Fonda v. . MortonNew York Court of Appeals · 1896
- People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878
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3Cited by2 opinions
- Dunphy v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1916
- State of Missouri Ex Rel. v. SartoriusMissouri Court of Appeals · 1936