Legal Opinion

People ex rel. Cunningham v. Hayes

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

Decided February 28, 1910PublishedCited by 1 opinion

Application for writ of mandamus by Cornelius Cunningham against Nicholas J. Hayes, Commissioner of the Fire Department of the City of New York, and another.

1Opinion of the CourtBlackmar, J.

This is a motion by a member of the fire department, who has served upwards of 20 years, for a writ of mandamus requiring his reinstatement as foreman or in some capacity not requiring active service, at the salary he was receiving when retired.

The petitioner was retired on half pay by the commissioner on October 8, 1909. The commissioner acted as appears from special order No. 153 on the certificate of the medical officers, dated September 27th, to the effect that the petitioner was suffering from a weak heart and defective vision, and therefore “is totally and permanently physically…

2Cases cited4 opinions

  1. Matter of Hodgins v. . BinghamNew York Court of Appeals · 1909
  2. People ex rel. Price v. BinghamAppellate Division of the Supreme Court of the State of New York · 1908
  3. People ex rel. Young v. SturgisAppellate Division of the Supreme Court of the State of New York · 1903
  4. In re ReynoldsAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by1 opinion

  1. Brand v. Teachers' Retirement BoardNew York Supreme Court · 1937

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