People ex rel. Croker v. Sturgis
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Application by Edward F. Croker for a peremptory writ of mandamus against Thomas Sturgis, as fire commissioner of the city of New York, requiring the latter to reinstate petitioner in the office of chief of the department, and to the.command of the uniformed force of the fire department of the city of New York. From an order directing the issuance of a peremptory writ as prayed, defendant appeals. Reversed. See 78 N. Y. Supp. 77.
1Opinion of the CourtHatch, J.
By the affidavit of the relator, and also by the return, it appears that on or about the 2d day of August, 1902, upon relator’s written application, he was granted a leave of absence for a vacation of 90 days, and immediately thereafter ceased to perform his duty as chief' of the department of the bureau for preventing and extinguishing fires, and entered upon his vacation. The relator continued upon such leave of absence until the 18th day of August, 1902, when he voluntarily returned, assumed and entered upon the discharge of the duties of his office, and on the next day reported to the…
2Cases cited7 opinions
- Gregory v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Hoey v. . GilroyNew York Court of Appeals · 1891
- Mayor, Etc., of N.Y. v. . SandsNew York Court of Appeals · 1887
- Wait v. . RayNew York Court of Appeals · 1876
- People ex rel. Churchyard v. Board of Councilmen of BuffaloThe Superior Court of the City of New York and Buffalo · 1892
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