People Ex Rel. Somerville v. . Williams
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 7, 1915, reversing, as matter of law, an order of Special Term granting a motion for an alternative writ of mandamus to compel the reinstatement of the relator in the position of chief clerk in the office of the state engineer and surveyor. The facts,.so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 7, 1915, reversing, as matter of law, an order of Special Term granting a motion for an alternative writ of mandamus to compel the reinstatement of the relator in the position of chief clerk in the office of the state engineer and surveyor. The facts,.so far as material, are stated in the opinion. Under section 25 of the Civil Service Law relator is entitled to redress for removal for political purposes. (People ex rel. McKeown v. Ludwig, 215 N. Y. 389; People ex rel.…
1Opinion of the CourtSeabury, J.
This appeal prese'nts for determination a single question of law, viz., whether one who holds an office in the competitive class of the state civil service who is removed solely for political reasons is entitled to reinstate ment. Upon being removed by the state engineer and surveyor from his position as chief clerk in the office of the respondent, the relator Obtained from the Special Term an alternative writ of mandamus directing his reinstatement. The ground upon which the relator applied for the writ was that he had been removed solely for political reasons. The Appellate Division have…
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