People Ex Rel. Sweet v. . Lyman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 24, 1898, affirming an order made at Special Term denying the relator’s motion for a peremptory writ of mandamus commanding the respondent to reinstate him as special agent in the excise department. The relator is a citizen of this state and an honorably discharged soldier of the Union army, who served in the late war of the rebellion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 24, 1898, affirming an order made at Special Term denying the relator’s motion for a peremptory writ of mandamus commanding the respondent to reinstate him as special agent in the excise department. The relator is a citizen of this state and an honorably discharged soldier of the Union army, who served in the late war of the rebellion. He passed a civil service examination for the position of special agent in the excise department, was notified thereof by the civil service…
1Opinion of the CourtMartin, J.
At the time of the relator’s appointment chapter 354 of the Laws of 1883, as amended, provided for the appointment of commissioners who should constitute the 27ew York civil service commission. It then made-it the duty of such commission to aid the governor in preparing suitable rules for carrying the statute into effect; declared that such rules should provide for open, competitive examinations for testing the fitness of applicants for positions in the public service; that all the offices, places and employments should be arranged in classes, and that there should be a period of probation…
2Cases cited7 opinions
- Chittenden v. . WursterNew York Court of Appeals · 1897
- People Ex Rel. McClelland v. . RobertsNew York Court of Appeals · 1896
- Matter of KeymerNew York Court of Appeals · 1896
- Clark v. . StateNew York Court of Appeals · 1894
- People Ex Rel. Crummey v. . PalmerNew York Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Albano v. KirbyNew York Court of Appeals · 1975
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- Cassidy v. Municipal Civil Service CommissionNew York Court of Appeals · 1975
- Matter of Fink v. FineganNew York Court of Appeals · 1936
- Matter of Barthelmess v. . CukorNew York Court of Appeals · 1921
59 more not listed; retrieve them via the Exa API.