Legal Opinion

People ex rel. Maharin v. Plimley

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 3 opinions

Certiorari issued out of the Supreme Court and attested on the 14th day of August, 1895, directed to William Plimley, commissioner of jurors of the city and county of New York, commanding-him to certify and return to the office of the clerk of the county of New York all and singular his proceedings in reference to the dismissal of the relator from his position as a clerk in the office of the commissioner of jurors in the city of New York.

1Opinion of the Court

Ingraham, J.:

The commissioner of jurors, although appointed by the mayor under section 106 of the Consolidation Act (Laws of 1882, chap. 410), is not the head of a department within -section 48 of that act. The office does not relate to the municipal government of the city of New York, is no part of the legislative or executive government of the city, and is in no sense a department of the city government.

Section 48 of the Consolidation Act, upon which the relator relies, is a part of chapter 3 of the act. Chapter 2 is entitled : “ The corporate powers and their distribution.” And section 34,…

2Cited by3 opinions

  1. People ex rel. Taylor v. WeldeNew York Supreme Court · 1899
  2. People ex rel. Hillman v. ScholerAppellate Division of the Supreme Court of the State of New York · 1904
  3. People ex rel. Denholm v. WeldeNew York Supreme Court · 1899

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