People ex rel. Ross v. Dooling

Upon the trial of the issues presented by the alternative writ, the question was raised whether, on the evidence most favorable to the relator, he had not waived his right to written charges and a hearing. The matter was submitted to the jury with the understanding that the court would take briefs from counsel upon this point of law and, if such was the position of the relator under the authorities, the verdict would be set aside. The whole question turns upon the duty of the relator to make known his right, under section 21 of the Civil Service Law, when he knows that his, removal is…