In re Croker
Appellate Division of the Supreme Court of the State of New York
Van Brunt, P. J., and O’Brien, J., dissented. Appeal by Thomas Sturgis, fire commissioner of the city of New York, 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 29th day of August, 1902, directing that a peremptory writ of mandamus issue requiring him forthwith to reinstate the petitioner in the office of chief of the department and to the command of the uniformed force of the…
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Van Brunt, P. J., and O’Brien, J., dissented. Appeal by Thomas Sturgis, fire commissioner of the city of New York, 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 29th day of August, 1902, directing that a peremptory writ of mandamus issue requiring him forthwith to reinstate the petitioner in the office of chief of the department and to the command of the uniformed force of the fire department of the city of New York.
1Opinion of the Court
Hatch, J.:
By the affidavit of the relator and also by the return, it appears that on or about the 2d day of August, 1902, upon relator’s written application, he was granted a leave of absence for a vacation of sixty days, and immediately thereafter ceased to perform his duty as chief of the department of the bureau for preventing and extinguishing fires and entered upon his vacation. The relator con-*185tinned upon such leave of absence until the 18th day of August, 1902, when he voluntarily returned, assumed and entered upon the discharge of the duties of his office, and on the next day reported…
2Cases cited5 opinions
- Gregory v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Hoey v. . GilroyNew York Court of Appeals · 1891
- Wait v. . RayNew York Court of Appeals · 1876
- Hubbard v. . SadlerNew York Court of Appeals · 1887
- Green v. MayorNew York Court of Common Pleas · 1858
3Cited by1 opinion
- People ex rel. Adams Dry Goods Co. v. WoodburyAppellate Division of the Supreme Court of the State of New York · 1903