Legal Opinion

People Ex Rel. Moriarty v. . Creelman

New York Court of Appeals

Decided December 10, 1912PublishedCited by 34 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 23, 1912, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus to compel defendants to admit relator to an examination for the position of inspector in the bureau of fire prevention of the city of New York and granted said motion. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 23, 1912, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus to compel defendants to admit relator to an examination for the position of inspector in the bureau of fire prevention of the city of New York and granted said motion. The facts, so far as material, are stated in the opinion. The only-limitation on the power of the municipal civil service commission to prescribe regulations for the examination of applicants for appointment in the…

1Opinion of the CourtHiscock, J.

This appeal presents the question whether the appellants, constituting the municipal civil service commission of the city of New York, were authorized to prescribe a minimum age limit of twenty-five years for the position of inspector in the bureau of fire prevention.

As the result of disastrous fires in the city of New York, resulting in the terrible loss of human life, there was adopted chapter 458 of the Laws of 1912, authorizing the fire commissioner to organize in the fire department of that city a bureau of fire prevention and to appoint officials, subordinates and employees thereof. In…

2Cases cited2 opinions

  1. People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
  2. People v. . Erie Railroad Co.New York Court of Appeals · 1910

3Cited by34 opinions

  1. Matter of Barthelmess v. . CukorNew York Court of Appeals · 1921
  2. Wirzberger v. WatsonNew York Court of Appeals · 1953
  3. McGowan v. BursteinNew York Court of Appeals · 1988
  4. Strauss v. HannigAppellate Division of the Supreme Court of the State of New York · 1939
  5. Murray v. McNamaraNew York Court of Appeals · 1951

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