Legal Opinion

O'Day v. Yeager

New York Court of Appeals

Decided June 9, 1955PublishedCited by 39 opinions

1Opinion of the CourtFulo, J.

On January 1, 1950, petitioner, an honorably discharged veteran of World War II, was appointed clerk of the Surrogate’s Court of Erie County by Surrogate Buscaglia at a salary of $9,200 a year. Following gubernatorial appointment of Charles T. Yeager as surrogate to fill the vacancy that had occurred in that office, petitioner’s appointment was revoked, pursuant to section 21 of the Surrogate’s Court Act, by the new surrogate on December 31, 1953. In this article 78 proceeding, brought to effect his reinstatement, petitioner, claiming the protection accorded veterans by section 22 of the…

2Cases cited13 opinions

  1. People Ex Rel. Jacobus v. . Van WyckNew York Court of Appeals · 1899
  2. Matter of Byrnes v. WindelsNew York Court of Appeals · 1934
  3. People Ex Rel. Hoefle v. . CahillNew York Court of Appeals · 1907
  4. Matter of Mylod v. GravesNew York Court of Appeals · 1937
  5. Matter of Seeley v. . StevensNew York Court of Appeals · 1907

8 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Lake v. Binghamton Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1987
  2. Ause v. ReganAppellate Division of the Supreme Court of the State of New York · 1977
  3. O'Neill v. City of AuburnCourt of Appeals for the Second Circuit · 1994
  4. Caraccilo v. Village of Seneca Falls, NYDistrict Court, W.D. New York · 2008
  5. County of Suffolk v. StateAppellate Division of the Supreme Court of the State of New York · 1988

34 more not listed; retrieve them via the Exa API.

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