Legal Opinion

In re Lahey

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

Decided July 1, 1903PublishedCited by 2 opinions

Laughlin, J., dissented. Appeal by the relator, William J. Lahey, 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 17th day of November, 1902, denying the relator’s application for a peremptory writ of mandamus compelling his restoration to the office of detective sergeant.

1Opinion of the Court

Hatch, J.:

On the 1st day of January, 1898, the relator was appointed a patrolman in the police department. He continued in the department in that capacity until April 17, 1901, when Police Commissioner Murphy made the following order: “ Ordered, that William J. Lahey, of the Central Office Squad, be and is hereby appointed as a detective sergeant, and assigned to duty in the Detective Bureau as such.” At the time of making the order the law authorizing it was section 290 of the charter (Laws of 1897, chap. 378) as amended by chapter 466 of the Laws of 1901. It is not necessary that we *200here…

2Cases cited3 opinions

  1. People Ex Rel. North v. . FeatherstonhaughNew York Court of Appeals · 1902
  2. People ex rel. Lahey v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1902
  3. People ex rel. Hughes v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by2 opinions

  1. People ex rel. Finn v. GreeneAppellate Division of the Supreme Court of the State of New York · 1903
  2. In re FayAppellate Division of the Supreme Court of the State of New York · 1903

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