Legal Opinion

People ex rel. O'Brien v. Scannell

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 5 opinions

Appeal by the relator, Patrick O’Brien, 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 8th day of May, 1900, denying the relator’s motion for a writ of mandamus commanding John J. Scannell, as fire commissioner of the city of Nexv York, to reinstate the relator in the position of foreman in the fire department of the city of New York.

1Opinion of the Court

O’Brien, J.:

The relator is an honorably discharged veteran of the Civil xvar, xvhv for a number of years has been a member of the uniformed force of the fire department of New York city, and since January, 1894, *162lias been a foreman or captain in the department, receiving a salary of $2,160, .the duties of which position he alleges he performed at all times faithfully and well. No charges were made against him, but it appears by the return of respondent that on November 8, 1899, the tire commissioner received from the chief of the department a recommendation that the relator and another person…

2Cases cited1 opinion

  1. People ex rel. Shea v. BryantAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by5 opinions

  1. Palmer v. TiccioneCourt of Appeals for the Second Circuit · 1978
  2. Rapp v. New York City Employees' Retirement SystemNew York Court of Appeals · 1977
  3. Haugh v. LevittAppellate Division of the Supreme Court of the State of New York · 1969
  4. 19 Fair empl.prac.cas. 321, 16 Empl. Prac. Dec. P 8314 Lois Palmer v. Frank Ticcione, Howard Hayes, Benjamin Giambabio, William O'connell, William Gargiulo, Robert Jacob, N. Paul Buscemi, and the School Board of the Copiague Union Free School District 5Court of Appeals for the Second Circuit · 1978
  5. Raab v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1964

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