People Ex Rel. Goldschmidt v. . Bd. of Education
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 3, 1915, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus .to compel the reinstatement, of the relator in the position of fifth grade accountant in the bureau of supplies in the department of education of the city of New York and denied said motion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 3, 1915, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus .to compel the reinstatement, of the relator in the position of fifth grade accountant in the bureau of supplies in the department of education of the city of New York and denied said motion. This is an application by the relator for reinstatement in the position of fifth grade accountant in the bureau of supplies of the board of education of New York city, from which…
1Opinion of the CourtCuddeback, J.
The probationary period for which the relator was appointed could be terminated under the rules of the municipal civil service commission only by notice from the appointing officer that his conduct or capacity was unsatisfactory to the officer, and for that reason he could not be retained in his position.
His retention in the service without that notice was equivalent to a permanent appointment. The appointing officer of the relator was the board of education, not the committee on supplies. The by-laws of the board of education which authorized the appointment of the relator by the committee…
2Cases cited2 opinions
- Pickering v. LomaxSupreme Court of the United States · 1892
- Catholic Foreign Mission Society of America v. OussaniNew York Court of Appeals · 1915
3Cited by14 opinions
- Spann v. Commercial Standard Ins. Co. of Dallas, Tex.Court of Appeals for the Eighth Circuit · 1936
- Vega v. Civil Service Commission, City of New YorkDistrict Court, S.D. New York · 1974
- City of Trenton v. Fowler-Thorne Co.New Jersey Superior Court Appellate Division · 1959
- Glenn v. ChambersSupreme Court of Iowa · 1951
- Pape v. Home Ins. Co.Court of Appeals for the Second Circuit · 1943
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