People ex rel. Corsa v. Waring
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George E. Waring, Jr., commissioner of street cleaning of the city of New York, 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 8th day of April, 1896, granting a peremptory writ of mandamus requiring-Mm to reinstate the relator in the position of district superintendent in the department of street cleaning in the city of New York.
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Appeal by the defendant, George E. Waring, Jr., commissioner of street cleaning of the city of New York, 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 8th day of April, 1896, granting a peremptory writ of mandamus requiring-Mm to reinstate the relator in the position of district superintendent in the department of street cleaning in the city of New York. The relator having been removed from his position by the commissioner, was reinstated August 22,1895, and directed to report for duty on the next…
1Opinion of the Court
Williams, J.:
The order appealed from must be reversed. The People ex rel. Lee v. Waring (1 App. Div. 594, decided by this court; affd. by Court of Appeals, 149 N. Y. 621) is conclusive upon all the ques*248tions involved in. the present case.' We held in that case that the relator was not entitled to the protection of the Veteran Act, in reliance upon which the court made the order here appealed from, but that the power tó dismiss for a violation of duty, when in his discretion it should seem advisable, was given to the commissioner of street cleaning by the Street Cleaning Act (Laws of 1892,…
2Cases cited1 opinion
- People ex rel. Lee v. WaringAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- People ex rel. Miller v. FeitnerNew York Supreme Court · 1899