Legal Opinion

People ex rel. Shea v. Bryant

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

Decided July 1, 1898PublishedCited by 5 opinions

Appeal by the defendant, John J. Seannell, as fire commissioner of the city of New York, from an order of the Supreme Court, made at the Kings County Special Term, -and entered in the office of the clerk of the county of Kings on the 2d day of February, 1898, granting a peremptory writ of mandamus, commanding the said fire commissioner to reinstate the relator in his former position as an active member of the uniformed fire department (formerly of Brooklyn, but now) of the…

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Appeal by the defendant, John J. Seannell, as fire commissioner of the city of New York, from an order of the Supreme Court, made at the Kings County Special Term, -and entered in the office of the clerk of the county of Kings on the 2d day of February, 1898, granting a peremptory writ of mandamus, commanding the said fire commissioner to reinstate the relator in his former position as an active member of the uniformed fire department (formerly of Brooklyn, but now) of the city of New York.

1Opinion of the Court

Willard Bartlett, J.:

On the 1st day of July, 1895, the relator was apj>ointed a member of the uniformed force of the fire department of the city of Brooklyn. He duly entered upon his .duties, and continued to per-' form them until the 14th day of November, 1895, when his name was placed upon the pension roll of the firemen’s insurance fund by order of the commissioner of the fire department, who granted to him a pension of $100 per annum from the said fund to date from December 1, 1897.

At the time of this action on the part of the commissioner his authority for placing the name of a fireman…

2Cases cited1 opinion

  1. People ex rel. Miller v. Justices of Court of General SessionsNew York Supreme Court · 1894

3Cited by5 opinions

  1. People ex rel. Miller v. SturgisAppellate Division of the Supreme Court of the State of New York · 1903
  2. People ex rel. O'Brien v. ScannellAppellate Division of the Supreme Court of the State of New York · 1900
  3. People ex rel. Miller v. SturgisAppellate Division of the Supreme Court of the State of New York · 1903
  4. People ex rel. Ragucci v. City of SchenectadyNew York Supreme Court · 1928
  5. People ex rel. O'Brien v. ScannellNew York Supreme Court · 1900

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