Legal Opinion

Matter of Merriweather v. Roberts

New York Court of Appeals

Decided May 28, 1935PublishedCited by 13 opinions

The moving papers fail to show a clear legal right to an order of mandamus. (Matter of Meehan v. Flaherty, 119 App. Div. 128; Chian verini v. Murray, 237 App. Div. 856; Walsh v. Patterson, 239 App. Div. 757; People ex rel., Hannan v. Board of Health, 153 N. Y. 513.) Section 25 of the Civil Service Law (Cons. Laws, ch. 7) is not intended to be enforceable in reference to non-competitive positions or those in the labor class.

Read the full summary

The moving papers fail to show a clear legal right to an order of mandamus. (Matter of Meehan v. Flaherty, 119 App. Div. 128; Chian verini v. Murray, 237 App. Div. 856; Walsh v. Patterson, 239 App. Div. 757; People ex rel., Hannan v. Board of Health, 153 N. Y. 513.) Section 25 of the Civil Service Law (Cons. Laws, ch. 7) is not intended to be enforceable in reference to non-competitive positions or those in the labor class. (Matter of Stutsback v. Color, 168 N. Y. 416; People ex rel. Davison v. Williams, 213 N. Y. 130; Matter of Fornara v. Schroeder, 261 N. Y. 363; People ex rel. Garvey v.…

1Opinion of the CourtHtjbbs, J.

The respondent held the position of assistant bathhouse keeper, a position in the non-competitive class under rule 20 of the classified civil service of the city of Buffalo. Upon a change in the city administration, the Board of Health, upon the payroll of which respondent’s name appeared, removed him from his position. He has instituted this proceeding for a mandamus order directing his reinstatement. The removal he alleges was on account of his political affiliations. He contends that he was removed in violation of section 25 of the Civil Service Law (Cons. Laws, ch. 7), which reads as…

2Cases cited2 opinions

  1. People ex rel. Garvey v. PrendergastAppellate Division of the Supreme Court of the State of New York · 1911
  2. People Ex Rel. Somerville v. . WilliamsNew York Court of Appeals · 1916

3Cited by13 opinions

  1. Matter of Rohr v. KenngottNew York Court of Appeals · 1942
  2. Deth v. CastimoreAppellate Division of the Supreme Court of the State of New York · 1935
  3. Greenfield v. MosesNew York Supreme Court · 1938
  4. Cassella v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1953
  5. Matter of Neubeck v. BardNew York Court of Appeals · 1937

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API