Matter of Shaughnessy v. . Fornes
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 12, 1902, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to transfer him to the position of assistant sergeant-at-arms to the board of aldermen 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 first judicial department, entered July 12, 1902, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to transfer him to the position of assistant sergeant-at-arms to the board of aldermen of the city of New York. The facts, so far as material, are stated in the opinion. The appellant is still in the public service and should be transferred and reinstated as assistant sergeant-at-arms to the board of aldermen of the city of New York. ITe cannot by reason of…
1Opinion of the CourtO’Brien, J.
The courts below have denied the relator’s application for a peremptory writ of mandamus, requiring the hoard of aldermen of the city of New York to elect him to the position of an assistant sergeant-at-arms to that body. There is no dispute with respect to the facts. The relator is a veteran soldier, and on the 6th of December, 1898, was appointed an assistant sergeant-at-arms to the council of the city of New York, pursuant to section twenty-seven of the charter. At the time of his appointment the municipal assembly consisted of the council and board of aldermen. By an amendment of the…
2Cited by8 opinions
- Jones v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1903
- McEneny v. McKeeAppellate Division of the Supreme Court of the State of New York · 1932
- O'Grady v. PolkAppellate Division of the Supreme Court of the State of New York · 1909
- Jones v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Berlinger v. WellsAppellate Division of the Supreme Court of the State of New York · 1903
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