Devins v. Sayer
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Thomas V. Devins, 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 28th day of November, 1921, denying petitioner’s motion for a peremptory writ of mandamus requiring the respondent to reinstate him as factory inspector in the Department of Labor of the State of New York or to transfer him to some other position with the same compensation as of July 1, 1921.…
Read the full summary
Appeal by the petitioner, Thomas V. Devins, 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 28th day of November, 1921, denying petitioner’s motion for a peremptory writ of mandamus requiring the respondent to reinstate him as factory inspector in the Department of Labor of the State of New York or to transfer him to some other position with the same compensation as of July 1, 1921. The motion was made on the appellant’s affidavit, and was opposed by the affidavit of the respondent Sayer, the…
1Opinion of the Court
Laughlin, J.:
The appellant does not clearly show that any factory inspector retained in the service was not an honorably discharged soldier, sailor or marine, or a veteran volunteer fireman; but plainly his affidavit was intended to show this, and the appeal has been argued and should be decided on that assumption. The material facts may, I think, be deemed uncontroverted, for the only semblance of an issue of fact arises on the appellant’s bald statement that his position was not abolished owing to the reduction in the appropriation for the department, and that this was resorted to as a…
2Cases cited4 opinions
- Breckenridge v. ScannellNew York Court of Appeals · 1899
- Matter of Stutzbach v. . ColerNew York Court of Appeals · 1901
- Edkins v. WotherspoonAppellate Division of the Supreme Court of the State of New York · 1916
- In re PowersAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by1 opinion
- O'Donnell v. SinnottAppellate Division of the Supreme Court of the State of New York · 1943