People ex rel. Lee v. Waring
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the •2d day of October, 1895, directed to George E. Waring, commissioner of the department of street cleaning of the city 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 regard to the dismissal of the relator from his position as assistant foreman of said department.
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Certiorari issued out of the Supreme Court and attested on the •2d day of October, 1895, directed to George E. Waring, commissioner of the department of street cleaning of the city 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 regard to the dismissal of the relator from his position as assistant foreman of said department. The relator was appointed June 6, 1889, and continued to hold the position until June 3, 1895, when he was dismissed. He was an honorably discharged soldier who had served in the…
1Opinion of the Court
Williams, J.:
By the Consolidation Act, so called (Chap. 410, Laws of 1882), the department of street cleaning was recognized as one of the departments of the city. By section 705 of that act, the commissioner of street cleaning, as head of a department, had power to appoint and remove at his pleasure all clerks, laborers and other employees in his department.
No restriction was placed by the Legislature upon the power to remove or dismiss honorably discharged soldiers until the passage of chapter 119 of the Laws of 1888, which provided, “Section 1. No person holding a position by appointment…
2Cases cited1 opinion
- People Ex Rel. Griffin v. . LathropNew York Court of Appeals · 1894
3Cited by13 opinions
- People ex rel. Schumann v. McCartneyAppellate Division of the Supreme Court of the State of New York · 1898
- Rudd v. CropseyAppellate Division of the Supreme Court of the State of New York · 1913
- Weed v. Common CouncilNew York Supreme Court · 1899
- In re WhitneyAppellate Division of the Supreme Court of the State of New York · 1896
- Matter of O'Kelly v. HillNew York Court of Appeals · 1940
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