Towne v. Porter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eugene H. Porter, as Commissioner, etc., from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk' of the county of Albany on the 21st day of August, 1908, granting a peremptory writ of mandamus. * This is a proceeding to compel the defendant, as Commissioner of Health of the State, by mandamus, to approve the nomination of the relator as health officer of Saratoga Springs, and certify it-to the State…
Read the full summary
Appeal by the defendant, Eugene H. Porter, as Commissioner, etc., from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk' of the county of Albany on the 21st day of August, 1908, granting a peremptory writ of mandamus. * This is a proceeding to compel the defendant, as Commissioner of Health of the State, by mandamus, to approve the nomination of the relator as health officer of Saratoga Springs, and certify it-to the State Civil Service Commission for non-competitive examination. The court at Special Term has directed the issuance of such…
1Opinion of the Court
Chester, J.:
*The theory on which this writ has been' issued is that the respondent performs under the law a ministerial duty with respect to the competency and qualifications of a local health officer; that the appointment of such officer "is made by the local board of health and that the act of the respondent in appointing Dr. Moriarta is void.
Of course, we cannot in this proceeding determine the validity or invalidity of the title of Dr. Moriarta to the office, as he is not" a party. Nor is the proceeding instituted for that purpose.
Yet the question of the right of the local board to…
2Cases cited3 opinions
- People v. . FitzgeraldNew York Court of Appeals · 1905
- People Ex Rel. Bush v. . HoughtonNew York Court of Appeals · 1905
- In re Board of HealthAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Board of Education of Boyle County v. McChesneyCourt of Appeals of Kentucky (pre-1976) · 1930
- Milk v. GottschalkAppellate Division of the Supreme Court of the State of New York · 1968
- People ex rel. Lynch v. PierceAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Van Denbergh v. Town Board of ColonieAppellate Division of the Supreme Court of the State of New York · 1938