People ex rel. Bender v. Milliken
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Hárry H. Bender, from an order of the Supremd- Court, made at the Albany Special Term and entered in the- office of the clerk of the county of Albany on the 14th day of October, 1905,' denying the relator’s application for -a writ of prohibition absolute herein. " The defendants, comprising the State Civil Service Commission, were proceeding to investigate a complaint made by one Doty against the Fiscal Supervisor of State Charities.
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Appeal by the relator, Hárry H. Bender, from an order of the Supremd- Court, made at the Albany Special Term and entered in the- office of the clerk of the county of Albany on the 14th day of October, 1905,' denying the relator’s application for -a writ of prohibition absolute herein. " The defendants, comprising the State Civil Service Commission, were proceeding to investigate a complaint made by one Doty against the Fiscal Supervisor of State Charities. The charge made in the complaint was a violation of section 24 of the Civil' Service Law (Laws of 1899, chap. 370). Section 24 of-that…
1Opinion of the Court
Smith, J.:
By chapter 252 of the Laws of 1902 the office- of Fiscal Supervisor of State Charities .was Created.’ Pursuant to that act the relator was appointed to such office by the Governor with the con*581sent of the Senate. The act provides that the Fiscal Supervisor may be removed by the Governor for cause, an opportunity having been given him to be heard in his defense.
By section 9 of article 5 of the State Constitution it is provided that appointments and promotions in the civil service of the State shall be according to merit and fitness, and it is further provided that laws shall be made…
2Cited by2 opinions
- In re the Examination of FentonNew York Supreme Court · 1908
- Dunham v. OttingerNew York Supreme Court · 1926