People Ex Rel. Davison v. . Williams
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 31, 1914, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel reinstatement of the relator in the position of laborer in the department of water supply, gas and electricity of the city of New York. 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 second judicial department, entered July 31, 1914, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel reinstatement of the relator in the position of laborer in the department of water supply, gas and electricity of the city of New York. The facts, so far as material, are stated in the opinion. Neither section 21 nor' section 22 of the Civil Service Law entitles a volunteer fireman to a preference in retention in the public service over those who are non-veterans.…
1Opinion of the CourtCardozo, J.
The relator is a volunteer fireman. For nine years he was employed as a laborer in the department of water supply, gas and electricity of the city of New York. On January 1, 1914, he was informed that until further notice he would not be allowed to work, and on February 6, 1914, he received a written order of removal, in which it was stated that he had been removed on account of lack of appropriation, and that his name had been returned to the civil service commission to be placed on the preferred eligible list. The budget of 1914 made allowance for only 261 laborers, and from 278 to 276 were…
2Cases cited9 opinions
- Breckenridge v. ScannellNew York Court of Appeals · 1899
- Matter of Stutzbach v. . ColerNew York Court of Appeals · 1901
- Jones v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1903
- People Ex Rel. Chappel v. . LindenthalNew York Court of Appeals · 1903
- People ex rel. Shields v. ScannellAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by38 opinions
- Robert P. Koch v. David L. Yunich, Chairman and Chief Executive OfficerCourt of Appeals for the Second Circuit · 1976
- Leary v. PhiladelphiaSupreme Court of Pennsylvania · 1933
- Matter of Clancy v. HalleranNew York Court of Appeals · 1934
- In re the Estate HerleNew York Surrogate's Court · 1937
- Matter of Devins v. . SayerNew York Court of Appeals · 1922
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