Legal Opinion

People ex rel. Hoeges v. Guilfoyle

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

Decided May 15, 1901PublishedCited by 8 opinions

Appeal by the defendant, John Guilfoyle, as commissioner of buildings of the city of New York for the borough of Brooklyn, 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 25th day of February, 1901, granting the relator’s motion for a peremptory writ of mandamus requiring the defendant to reinstate the relator in the position of Violation Hotiee Server in the department of buildings…

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Appeal by the defendant, John Guilfoyle, as commissioner of buildings of the city of New York for the borough of Brooklyn, 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 25th day of February, 1901, granting the relator’s motion for a peremptory writ of mandamus requiring the defendant to reinstate the relator in the position of Violation Hotiee Server in the department of buildings of the city of New York for the borough of Brooklyn.

1Opinion of the Court

Hatch, J.:

Relator, an honorably discharged soldier of the Civil war, was appointed a violation notice server in- the department of buildings of the city of New York at a salary of $160 per month, to take effect September 1, 1899. The position is in the classified service of the municipal civil service, and the appointment was made for a probationary term of three months, as provided by rule 35 of the municipal civil service rules; he was dismissed on or about the 15th day of Hovember, 1899, during the probationary period, for alleged incompetency, without notice and without opportunity to…

2Cases cited4 opinions

  1. People Ex Rel. Kastor v. . KearnyNew York Court of Appeals · 1900
  2. People ex rel. Kastor v. KearnyAppellate Division of the Supreme Court of the State of New York · 1900
  3. People ex rel. White v. ColerAppellate Division of the Supreme Court of the State of New York · 1900
  4. People ex rel. Warschauer v. DaltonAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by8 opinions

  1. Going v. KennedyAppellate Division of the Supreme Court of the State of New York · 1958
  2. Howard v. KrossNew York Supreme Court · 1960
  3. Gribbin v. KennedyNew York Supreme Court · 1957
  4. McVay v. City of New YorkNew York Supreme Court · 1906
  5. People ex rel. Kastor v. KearnyNew York Supreme Court · 1902

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