Matter of Flaherty v. . Milliken
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 7, 1908, which affirmed an order of Special Term denying an application for a peremptory writ of mandamus to compel the defendants to certify the payrolls of the office of the sheriff of Kings county. 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 July 7, 1908, which affirmed an order of Special Term denying an application for a peremptory writ of mandamus to compel the defendants to certify the payrolls of the office of the sheriff of Kings county. The facts, so far as material, are stated in the opinion. The appointees of the sheriff’s office sustain a highly confidential relation to the sheriff, who delegates them to act in his place and stead in matters involving discretion and the highest degree of skill and integrity, and…
1Opinion of the Court
Cullen, Ch. J.
This proceeding was instituted by the sheriff of the county of Kings to compel the respondents, the state civil service commissioners, to certify to the payroll of certain assistant deputy sheriffs, jail keepers, van -drivers and matrons in his office. The application was resisted on the ground that these subordinates had been appointed in violation of the rules and regulations of the civil service commission. By chapter 705, Laws of 1901, the office of sheriff was made a salaried one from the 1st of January then ensuing, and by section 2 of the act the sheriff was authorized to…
2Cases cited2 opinions
- Colvin v. . HolbrookNew York Court of Appeals · 1848
- Tuttle v. LoveNew York Supreme Court · 1811
3Cited by60 opinions
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- Barr v. County of AlbanyNew York Court of Appeals · 1980
- State Division of Human Rights v. County of Onondaga Sheriff's DepartmentNew York Court of Appeals · 1988
- Matter of Byrnes v. WindelsNew York Court of Appeals · 1934
- Matter of Grifenhagen v. . OrdwayNew York Court of Appeals · 1916
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