People ex rel. Apfel v. Casey
Appellate Division of the Supreme Court of the State of New York
Appeal- by the defendant, James 'D. Casey, as commissioner of public safety of the city of Rochester, from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 20th day of May, 1901, denying the defendant’s'motion to quash an alternative writ of mandamus theretofore issued in the action, and directing the issuance of a peremptory writ of mandamus.
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Appeal- by the defendant, James 'D. Casey, as commissioner of public safety of the city of Rochester, from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 20th day of May, 1901, denying the defendant’s'motion to quash an alternative writ of mandamus theretofore issued in the action, and directing the issuance of a peremptory writ of mandamus. This is a proceeding to compel by mandamus the appointment of the relator to the police force of the city of Rochester, pursuant to section 34 of chapter 193 of the Laws…
1Opinion of the Court
Adams, P. J.:
The sole question litigated in this proceeding was whether or not the relator's diminutive stature was such a physical disqualification as justified the defendant'in refusing to assign him to duty upon the regular police force of the city.
The' act of 1900 provides that within thirty days after the same takes effect the commissioner of public safety shall provide for the physical examination of all members of the existing park police force, and shall appoint such of them as “are found on such examination to be physically qualified for police duty to be members of police force of…
2Cases cited1 opinion
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
3Cited by5 opinions
- In re BarresiAppellate Division of the Supreme Court of the State of New York · 1922
- In re DarlingNew York Supreme Court · 1911
- People ex rel. Conklin v. BoyleNew York Supreme Court · 1917
- People ex rel. Price v. BinghamAppellate Division of the Supreme Court of the State of New York · 1908
- Passiotti v. Municipal Civil Service CommissionNew York Supreme Court · 1966