Legal Opinion

Driscoll v. Troy Housing Authority

New York Court of Appeals

Decided July 8, 1959PublishedCited by 15 opinions

1Opinion of the Court

Chief Judge Conway.

On April 8,1948 Justin E. Driscoll was appointed to a position with the Troy Housing Authority. On February 7, 1957 he was discharged from that position without a hearing and without the submission of any charges. He contends that as an honorably discharged veteran of World War I (his status as such being conceded), he is entitled to the protection of section 22 [now § 75*] of the Civil Service Law. That section provides that such a veteran as Driscoll shall *517not be removed ‘ ‘ except for incompetency or miscondnet shown after a hearing upon due notice upon stated charges…

2Cases cited5 opinions

  1. Matter of Byrnes v. WindelsNew York Court of Appeals · 1934
  2. Matter of Rohr v. KenngottNew York Court of Appeals · 1942
  3. Matter of Mercer v. DowdNew York Court of Appeals · 1942
  4. Magnotta v. GerlachNew York Court of Appeals · 1950
  5. Matter of Glassman v. FriesNew York Court of Appeals · 1936

3Cited by15 opinions

  1. McCann v. ScadutoNew York Court of Appeals · 1987
  2. Lake v. Binghamton Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1987
  3. Switzer v. Sanitary District No. 7Appellate Division of the Supreme Court of the State of New York · 1977
  4. Nickels v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
  5. Town of Union v. J & M Pallet Co.Appellate Division of the Supreme Court of the State of New York · 1975

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