People ex rel. Wheeler v. Cooper
New York Supreme Court
In 1873 the legislature passed an act, commonly called the charter of the city of Hew York, which provided, among other things, as follows : “ § 25. The mayor shall nominate, and by and with the consent of the board of aldermen, appoint the heads of departments and all commissioners * * “Every head of department and persons in this section named, * * * shall hold his office for the term of six years, and in each case until a person is duly appointed in his place % * * and…
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In 1873 the legislature passed an act, commonly called the charter of the city of Hew York, which provided, among other things, as follows : “ § 25. The mayor shall nominate, and by and with the consent of the board of aldermen, appoint the heads of departments and all commissioners * * “Every head of department and persons in this section named, * * * shall hold his office for the term of six years, and in each case until a person is duly appointed in his place % * * and any such nomination or nominations to fill a/ny vacancy which shall hereafter occur by reason of the expiration of the…
1Opinion of the CourtVan Brunt, J.
In considering the questions arising upon this motion, I shall follow the order marked out by the counsel in their arguments. These questions are: First. Do the charges preferred by the respondent against the relator form, if true, a sufficient cause for the removal by the respondent of the relator from office ? Second. Is the relator subject to removal by the respondent, his term of office having expired, and a vacancy existing in said office by reason of such expiration of term, which can only be filled by the respondent, by and with the consent of the board of aldermen ? Third. If the…
2Cases cited14 opinions
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- Thomson v. . TracyNew York Court of Appeals · 1875
- State ex rel. West v. Justices of the County CourtSupreme Court of Missouri · 1867
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- People ex rel. Kennedy v. FoleyNew York Supreme Court · 1918