Legal Opinion

People ex rel. McClosky v. Andrews

The Superior Court of the City of New York and Buffalo

Decided September 7, 1894PublishedCited by 4 opinions

Applications by Patrick McClosky and Patrick McNulty, respectively, for writs of mandamus requiring William S. Andrews, as commissioner of the department of street cleaning, to reinstate relators as drivers and members of the uniformed force in said department. Denied.

1Opinion of the CourtAd Am, J.

The act of 1892 (chapter 269, § 704b) provides that:

“No member of the clerical force of the department of street cleaning shall be removed until he has been informed of the cause of the proposed removal, and has been allowed an opportunity of making an explanation, and in every ■case of removal, the true grounds thereof shall be entered upon the records •of the department. The commissioner of street cleaning shall have the power, in his discretion, on evidence satisfactory to him that a member of the uniformed force has been guilty of any legal or criminal offense, or neglect •of duty,…

2Cited by4 opinions

  1. Downs v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
  2. Tepidino v. City of New YorkAppellate Terms of the Supreme Court of New York · 1906
  3. People ex rel. McClosky v. AndrewsThe Superior Court of the City of New York and Buffalo · 1895
  4. People ex rel. McNulty v. AndrewsThe Superior Court of the City of New York and Buffalo · 1895

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