Legal Opinion

Social Investigator Eligibles Ass'n v. Taylor

New York Court of Appeals

Decided July 11, 1935PublishedCited by 42 opinions

The services of the persons complained of by the petitioner are legally utilized. (New York Constitution, art. 5, § 6.) A mandamus order directing discontinuance of the performance of an illegal practice or act by public officials is proper. (Matter of Reynolds, 202 N. Y. 430; People ex rel. Lempps v. Voorhis, 178 N. Y. Supp. 516; 185 App. Div. 939;-224 N. Y. 633; People ex rel. Conklin v. Boyle, 98 Mise. Rep. 364; 178 App. Div. 908; People ex rel.

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The services of the persons complained of by the petitioner are legally utilized. (New York Constitution, art. 5, § 6.) A mandamus order directing discontinuance of the performance of an illegal practice or act by public officials is proper. (Matter of Reynolds, 202 N. Y. 430; People ex rel. Lempps v. Voorhis, 178 N. Y. Supp. 516; 185 App. Div. 939;-224 N. Y. 633; People ex rel. Conklin v. Boyle, 98 Mise. Rep. 364; 178 App. Div. 908; People ex rel. Daley v. Rice, 129 N. Y. 449; People ex rel. Russell v. Board of Canvassers, 46 Hun, 390; Matter of Lewis v. Board of Parole, 220 N. Y. 8; Oren v.…

1Opinion of the CourtLotjghran, J.

On December 8, 1932, the Municipal Civil Service Commission of the city of New York, by open competitive examination, established a list of persons eligible for appointment to the position of “ Social Investigator — To make field investigation of persons applying for charitable relief from the city of New York.” The petitioner is an unincorporated association consisting of two hundred and fifty eligibles now on that list. It alleges that two hundred persons employed by the Department of Public Welfare of the city as social investigators have neither passed nor been exempted from civil service…

2Cases cited8 opinions

  1. People v. . GillsonNew York Court of Appeals · 1888
  2. People v. . CraneNew York Court of Appeals · 1915
  3. People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
  4. Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890
  5. People Ex Rel. McClelland v. . RobertsNew York Court of Appeals · 1896

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3Cited by42 opinions

  1. Matter of Andresen v. RiceNew York Court of Appeals · 1938
  2. Collins v. Manhattan & Bronx Surface Transit Operating AuthorityNew York Court of Appeals · 1984
  3. Montero v. LumNew York Court of Appeals · 1986
  4. Matter of Kraus v. SingstadNew York Court of Appeals · 1937
  5. Matter of Kaplan v. PeyserNew York Court of Appeals · 1937

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