People ex rel. Qua v. Gaffney
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendants, John E. Gaffney, as sewer, water and street commissioner, etc., and another, from an order of the Supreme Court, made at the Saratoga Special Temí and entered in the office of the clerk of the county of Saratoga on the 13th day' of October, 1910, granting a peremptory writ of mandamus.
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■ Appeal by the defendants, John E. Gaffney, as sewer, water and street commissioner, etc., and another, from an order of the Supreme Court, made at the Saratoga Special Temí and entered in the office of the clerk of the county of Saratoga on the 13th day' of October, 1910, granting a peremptory writ of mandamus. Upon the 25th day of June, 1910, a competitive examination was held under the authority and supervision of the State Civil Service Commission to determine the qualifications of candidates for the position of street superintendent of the village of Saratoga Springs. The relator and…
1Opinion of the CourtKellogg, J.
In People ex rel. Weintz v. Burch (79 App. Div. 156) three persons were upon the eligible list of the city of Middletown for appointment as superintendent of streets. One was a veteran, and .the court determined that he was entitled to the appointment; and the common council having selected, one of the other three, a peremptory mandamus issued requiring the appointment of the veteran.
The only difference between that case and this is that here the controversy arises in a village, and the statute requires an examination under the authority and supervision of the State Commission, while in a…
2Cases cited5 opinions
- Chittenden v. . WursterNew York Court of Appeals · 1897
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- People Ex Rel. McClelland v. . RobertsNew York Court of Appeals · 1896
- Scott v. Village of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. Weintz v. BurchAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by15 opinions
- In Re the Arbitration Between Professional, Clerical, Technical Employees Ass'n & Buffalo Board of EducationNew York Court of Appeals · 1997
- Amico v. Erie County LegislatureAppellate Division of the Supreme Court of the State of New York · 1971
- State Ex Rel. Kos v. AdamsonSupreme Court of Minnesota · 1948
- Jiménez v. ReilySupreme Court of Puerto Rico · 1922
- Fristam v. City of SheridanWyoming Supreme Court · 1949
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