Wagner v. Collis
Appellate Division of the Supreme Court of the State of New York
■ Appeal by Henry Wagner from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of February,. 1896, denying his motion for a peremptory writ of mandamus, directing the respondent to reinstate him in the position in the department of public works from which he had been dismissed.
1Opinion of the Court
Barrett, J.:
• It is not claimed that exempt firemen are entitled to preference in employment upon public works, as are honorably discharged soldiers ¡and sailors. . The claim is, that, being in such employment, they can only be removed for cause shown after a hearing had under chapter 577 of the Laws of 1892. But this' act relates only to persons holding positions, by appointment receiving a salary from the city. It has been held that a day laborer does not come within this provision. (Meyers v. The Mayor, 69 Hun, 291.) In the case at bar - the. petitioner was. not even a regular laborer; he…
2Cases cited1 opinion
- Myers v. MayorNew York Supreme Court · 1893
3Cited by5 opinions
- Nuttall v. SimisAppellate Division of the Supreme Court of the State of New York · 1898
- Nuttall v. SimisNew York Supreme Court · 1897
- People ex rel. O'Brien v. CrugerAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. O'Brien v. CrugerAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. O'Brien v. CrugerAppellate Division of the Supreme Court of the State of New York · 1896