In re Gilfillan
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Andrew B. Gilfillan, from- an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 17th day of March, 1908, denying the petitioner’s application for a peremptory or alternative writ of mandamus.
1Opinion of the Court
Kruse,. J.:
The relator applied at Special Term for a peremptory or alternative writ of mandamus requiring the county clerk of Erie county to reinstate him in the position formerly occupied by him in connection with the collection of mortgage taxes, as provided by chapter 729 of the Laws of 1905, or appoint him to a similar position. The application was denied and the relator appeals.
The relator is a Spanish war veteran. He claims that he is entitled to preference under the Civil Service Law, and should have been retained in service even if it was necessary to discharge some one in the…
2Cases cited1 opinion
- Breckenridge v. ScannellNew York Court of Appeals · 1899
3Cited by3 opinions
- People ex rel. Ray v. McAnenyAppellate Division of the Supreme Court of the State of New York · 1912
- Rohr v. KenngottNew York Supreme Court · 1940
- In re OwensNew York Supreme Court · 1912