Legal Opinion

People Ex Rel. Ryan v. . Wells

New York Court of Appeals

Decided November 24, 1903PublishedCited by 7 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 18, 1903, which annulled, on certiorari, a determination of the defendants removing the relator from the position of deputy tax commissioner of the city of New York. 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 second judicial department, entered September 18, 1903, which annulled, on certiorari, a determination of the defendants removing the relator from the position of deputy tax commissioner of the city of New York. The facts, so far as material, are stated in the opinion. The provisions of the statute under which the position of a deputy tax commissioner is created show that these deputies are within the exception in the Civil Service Law. (L. 1901, ch. 466, § 887; Blust v. Collier, 62 App. Div. 478; People ex rel. v. Van…

1Per curiam

The relator was a deputy tax commissioner of the city of ¡New York and a veteran volunteer fireman. It cannot be doubted that under the provisions of section 1543 of the Greater ¡New York charter he might have been removed by tlie board of tax commissioners without a trial, having been first given an opportunity of making an explanation, unless his case is taken without that section by section 21 of the Civil Service Law (Chap. 370, Laws 1899, as amended by Chap. 270, Laws of 1902). The last statute provides that an honorably discharged soldier or volunteer fireman holding any position by…

2Cases cited2 opinions

  1. People Ex Rel. Kennedy v. . BradyNew York Court of Appeals · 1901
  2. People ex rel. Tate v. DaltonAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by7 opinions

  1. People Ex Rel. Van Tine v. . PurdyNew York Court of Appeals · 1917
  2. Collins v. StateSupreme Judicial Court of Maine · 1965
  3. Matter of Glassman v. FriesNew York Court of Appeals · 1936
  4. Erikson v. HelfandAppellate Division of the Supreme Court of the State of New York · 1955
  5. People ex rel. Blair v. GroutNew York Supreme Court · 1904

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