Donovan v. Cantor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Jacob A. Cantor, individually and as president of the borough of- Manhattan of the city of New York, and others, 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 14th day of May, 1903, directing ther issuance of a peremptory writ of mandamus requiring the appellants to certify the name of, and to appoint the relator in the position of superintendent of…
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Appeal by the defendants, Jacob A. Cantor, individually and as president of the borough of- Manhattan of the city of New York, and others, 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 14th day of May, 1903, directing ther issuance of a peremptory writ of mandamus requiring the appellants to certify the name of, and to appoint the relator in the position of superintendent of public baths and public comfort stations in the city of New York, and also from an order entered in said clerk’s office on…
1Opinion of the Court
McLaughlin, J.:
The facts involved in this appeal are not in dispute, and as they are fully and correctly set out in the opinion of Mr. Justice Laughlin it is unnecessary to restate them. Under the statute the position held by the relator having been abolished and his name returned as an employee suspended without pay, it was the duty of the municipal civil service commission to determine whether the duties of the newly created positions were the same or similar to those performed by the relator in the position previously held by him. If they were similar, then the relator was entitled to have…
2Cases cited1 opinion
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
3Cited by2 opinions
- In re DarlingNew York Supreme Court · 1911
- People ex rel. Birmingham v. GroutNew York Supreme Court · 1904