O'Donnell v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Hew York, from a judgment of the Municipal Court of the city of New York in favor of the plaintiff.
1Opinion of the Court
Gaynor, J. :
The plaintiff was employed as a stonecutter in.the bureau of highways,.borough of Queens, and then made a foreman as such at the same pay. He was discharged without a notice and hearing on charges, although he was a veteran, fireman. Ten months after-wards he was restored to his position. This action is to recover his salary for the time he was out of the position and did no work for the city. It cannot be maintained. The case is not one of a statutory office, the salary of which is attached to the office, and belongs to and must be paid by the city to him to whom the office…
2Cases cited3 opinions
- Steinson v. . Bd. of Education of N.Y.New York Court of Appeals · 1901
- Higgins v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
- Sullivan v. Mayor, Aldermen Commonalty, N.Y.New York Court of Appeals · 1892
3Cited by6 opinions
- Sinicropi v. BennettAppellate Division of the Supreme Court of the State of New York · 1983
- Warner v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1961
- McClain v. Township of Royal OakMichigan Supreme Court · 1936
- Walsh v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
- Mandeville v. College of New YorkAppellate Division of the Supreme Court of the State of New York · 1921
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