Legal Opinion

People ex rel. Sweet v. Lyman

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

Decided July 1, 1898PublishedCited by 5 opinions

Appeal by the relator, William H. D. Sweet, from an order of the Supreme Court, made at the "Ulster Special Term and entered in the office of the clerk of the county of Albany on the 18th day of May, 189Y, denying the relator’s motion for a peremptory writ of mandamus to compel the said Henry H. Lyman, State Oommissioner .of Excise of the State of New York, to reinstate the relator in the position of special agent in the excise department.

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Appeal by the relator, William H. D. Sweet, from an order of the Supreme Court, made at the "Ulster Special Term and entered in the office of the clerk of the county of Albany on the 18th day of May, 189Y, denying the relator’s motion for a peremptory writ of mandamus to compel the said Henry H. Lyman, State Oommissioner .of Excise of the State of New York, to reinstate the relator in the position of special agent in the excise department. The relator, an honorably discharged Union soldier, having successfully passed the civil service examination required by the provisions of chapter 354,…

1Opinion of the Court

Putnam, J.:

By the provisions of chapter 354, Laws of 1883, the Governor was authorized to appoint three Civil Service Commissioners who were authorized to aid the Governor in promulgating rules for carrying the act into effect. The statute provides for open, competitive examinations for testing the fitness of applicants for the public service ; that appointments should be made from those graded highest as the result of such competitive examinations; that “ there shall be a period of probation before any absolute appointment or employment aforesaid.”

*138In pursuance of and within the power…

2Cases cited1 opinion

  1. People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896

3Cited by5 opinions

  1. People ex rel. Kastor v. KearnyAppellate Division of the Supreme Court of the State of New York · 1900
  2. People ex rel. Kastor v. KearnyAppellate Division of the Supreme Court of the State of New York · 1900
  3. Barthelmess v. CukorAppellate Division of the Supreme Court of the State of New York · 1920
  4. People ex rel. Katz v. WoodsAppellate Division of the Supreme Court of the State of New York · 1916
  5. People ex rel. Smith v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1899

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