People Ex Rel. McKeon v. . Ludwig
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1914, which reversed an order of Special Term dismissing, an alternative writ of mandamus and directed that a peremptory writ issue commanding the reinstatement of the relator in the position of inspector of masonry and carpentry in the bureau of buildings of the city of New York. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1914, which reversed an order of Special Term dismissing, an alternative writ of mandamus and directed that a peremptory writ issue commanding the reinstatement of the relator in the position of inspector of masonry and carpentry in the bureau of buildings of the city of New York. The facts, so far as material, are stated in the opinion. The dismissal of the relator was not subject to review by the courts. (L. 1901, ch. 466, § 406; L. 1905, ch. 648; People ex rel. Scheel…
1Opinion of the CourtSeabury, J.
The relator was an inspector of masonry and carpentry in the bureau of buildings of the city of New York. The position held by him was in the classified civil service in the competitive class. He was removed frozn that position by the superintendent of buildings under ciz’cumstances which it is not necessazy to set foz’th. Although an alternative writ of mandamus was issued and the issues raised by the return to that writ wei’e tried, it is only necessary upon this appeal to determine whether the superintendent of buildings had the right, with or without cause, to remove the relator from his…
2Cases cited2 opinions
- People ex rel. Scheel v. GuilfoyleAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Thain v. ConstableAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Eisle v. WoodinAppellate Division of the Supreme Court of the State of New York · 1923
- Dunphy v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1916