Smith v. Greene

In this proceeding appellants are reviewing a peremptory order of mandamus which directs the reinstatement of petitioners, with pay, in their positions in the Division of Architecture of the Department of Public Works.

Petitioners were suspended on May 31, 1932, on the ground that reduced appropriations required the abolition of their positions and the discontinuance of their services. The learned justice at Special Term, after a trial of the issues raised by a return to an alternative mandamus order, ordered their reinstatement on the ground that there was in fact ample ■ appropriation to pay…