People Ex Rel. Robesch v. President of Borough of Queens
New York Court of Appeals
Appeal from an order of the Appellate Division of the' Supreme Court in the second judicial department, entered July 27, 1907, which reversed, on certiorari, the determination of the defendant in dismissing the relator from the position of foreman in the department of highways of the borough of Queen, and directed his reinstatement in such position. 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 July 27, 1907, which reversed, on certiorari, the determination of the defendant in dismissing the relator from the position of foreman in the department of highways of the borough of Queen, and directed his reinstatement in such position. The facts, so far as material, are stated in the opinion. As there was no proper allegation in the petition or proof given that the relator was entitled to the protection afforded by section 21 of the Civil Service Act, there was nothing to…
1Opinion of the CourtWillard Bartlett, J.
This is a certiorari proceeding to review the action of the president of the borough of Queens, in the city of Hew York, in dismissing the relator from the position of foreman in the bureau of highways in that borough. His determination has been annulled by the Appellate Division on the ground that the relator was a veteran volunteer fireman, and was removed without being afforded such a hearing on notice and charges as is prescribed by law.
Section 21 of chapter 370 of the Laws of 1899, as amended by chapter 697 of the Laws of 1904, provides that no person holding a position by appointment or…
2Cases cited2 opinions
- People ex rel. McDonald v. ClausenAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Lawson v. ColerAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by16 opinions
- State Ex Rel. Castel v. Village of ChisholmSupreme Court of Minnesota · 1928
- People ex rel. McBride v. AtchinsonNew York Supreme Court · 1910
- Morgan v. SmithAppellate Division of the Supreme Court of the State of New York · 1928
- Cooper v. ParisNew York Supreme Court · 1911
- People ex rel. Ross v. DoolingNew York Supreme Court · 1908
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