O'Grady v. Polk
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, William L. D. O’Grady, from an order of the Supreme Court,- made at the.’Kings County Special Term and entered in the office of the clerk of the county of Kings on the 2d day of February, 1909, denying the petitioner’s motion for a peremptory writ of mandamus as a matter of law and not as a matter of discretion. ' The mandamus sought was to the city clerk of the city of Mew York requiring him to request the municipal civil service commission to…
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Appeal by the petitioner, William L. D. O’Grady, from an order of the Supreme Court,- made at the.’Kings County Special Term and entered in the office of the clerk of the county of Kings on the 2d day of February, 1909, denying the petitioner’s motion for a peremptory writ of mandamus as a matter of law and not as a matter of discretion. ' The mandamus sought was to the city clerk of the city of Mew York requiring him to request the municipal civil service commission to adopt a rule placing’ all positions in the office of the city clerk of the city of Mew York in the classified service of the…
1Opinion of the Court
Jenks, J.:
The city clerk and the clerk of the board of aldermen of the city of New York, for he is necessarily One and the same person (Greater N. Y. Charter [Laws of 1897, chap. 378; Laws of 1901, chap. 466], § 28, as amd. by Laws of 1905, chap. 629), is appointed by that board, which is a legislative body within the purview of section 8 of the Civil Service Law (Laws of 1899, chap. 370, as amd. by Laws of 1902, chap. 270). (Matter of Shaughnessy v. Fornes, 172 N. Y. 323.)
Bouvier* defines législative officers as “.those whose duties relate mainly to the enactment of laws.” Examination of the…
2Cases cited4 opinions
- People Ex Rel. Port Chester Savings Bank v. CromwellNew York Court of Appeals · 1886
- Matter of Shaughnessy v. . FornesNew York Court of Appeals · 1902
- People ex rel. Martin v. ScullyAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Miller v. SturgisAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by5 opinions
- Martin v. BurkeNew York Supreme Court · 1960
- People v. OhrensteinNew York Supreme Court · 1988
- O'Grady v. PolkAppellate Division of the Supreme Court of the State of New York · 1909
- State Ex Rel. Thompson v. DavisSupreme Court of Florida · 1936
- Stowe v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1932