People ex rel. Fallon v. Wright
Appellate Division of the Supreme Court of the State of New York
, Cebtiobabi issued out of the: Supreme Court and attestéd on the 13th day of February,. 1896, directed to'Robert J. Wright, commissioner of corrections of the city and county of New York, command- • ing him to certify and return to the office of the clerk of the county of New York all and singular his proceedings relating to the removal of the relator from his office of warden of the city prison of the city of New York.
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, Cebtiobabi issued out of the: Supreme Court and attestéd on the 13th day of February,. 1896, directed to'Robert J. Wright, commissioner of corrections of the city and county of New York, command- • ing him to certify and return to the office of the clerk of the county of New York all and singular his proceedings relating to the removal of the relator from his office of warden of the city prison of the city of New York. The charges and specifications were as follows: ■ “1. Violation of rules. “ Specification. That, oh the 30th of November, 1895, you ordered a male visitor, to wit, one O. W.…
1Opinion of the Court
Barrett, J.:
The relator is an honorably-discharged soldier, who served as, such in the Union army during the war of the rebellion. His certificate of discharge informs us that his character was good; that betook part in seven important engagements, and that he served with his battery at the siege of Petersburg, Virginia, from the Yth .of July to the 23d of August, 1864.
As such veteran, the relator could be removed only for incompetency and conduct inconsistent with, his position after a hearing-had. The Legislature has steadily and consistently provided for and protected veterans of the late…
2Cases cited3 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1889
- Nestor v. . BischoffNew York Court of Appeals · 1890
3Cited by11 opinions
- People Ex Rel. Fallon v. . WrightNew York Court of Appeals · 1896
- People ex rel. LongAppellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. Brymer v. ScannelNew York Supreme Court · 1898
- People ex rel. Keane v. DoolingAppellate Division of the Supreme Court of the State of New York · 1901
- Manko v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1946
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