People ex rel. Fogarty v. Cassidy
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Lawrence Fogarty, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of February, 1906, denying the relator’s motion for a peremptory writ of mandamus after the trial of 'issues of fact framed by an alternative writ of mandamus and the return thereto.
1Opinion of the Court
Clarke, J.:
The alternative writ of mandamus allowed on the 6th day of Hay, 1905, alleged'that on or about Hay 6, 1903, relator was regularly appointed as assistant foreman in the bureau.of highways, borough of Queens, at two dollars and fifty cents per. day; that he fully performed the duties of said position until November 6,1903, when he received a written notice signed by the' superintendent of highways of said borough which stated, “You are hereby suspended as assistant foreman in this bureau pending the outcome of charges which have been preferred against yon; ” that he had never been…
2Cases cited2 opinions
- People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
- People Ex Rel. D., Etc., R.R. Co. v. . BatchellorNew York Court of Appeals · 1873
3Cited by4 opinions
- Morgan v. SmithAppellate Division of the Supreme Court of the State of New York · 1928
- People ex rel. Ajas v. Department of HealthAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Jennings v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1914
- People ex rel. Becker v. Board of EducationNew York Supreme Court · 1920