Matter of Berry v. Brearton

Relator, an honorably discharged soldier, was discharged in January, 1932, from his position in the service of the city of Schenectady by the Commissioner of Public Works without cause and without being given a hearing. He commenced this mandamus proceeding to procure his reinstatement in July, 1932, about six months after his discharge. Respondents set up the defense of laches. Relator offered excuses for the delay which justified the court in deciding that the delay under the circumstances did not constitute laches which required the dismissal of the proceeding.

The Special Term decided the…