O'Reilly v. Lewis
New York Supreme Court
Actioít by the plaintiff as a taxpayer to enjoin the city of New York and the various officials, defendants herein, from drawing warrants for the payment of the salary of the defendant Henry Honick, as warden of Biker’s Island in the department of correction of the city of New York, and to restrain the payment of such moneys and also to restrain the municipal civil service commission from certifying the name of said Honick on the payrolls.
1Opinion of the CourtGiegerich, J.
This is .a taxpayer’s action brought to restrain the defendant, the city of New York, and *382the various official defendants from paying the salary of the defendant Honick as warden of Biker’s Island in the department of correction and to restrain the municipal civil service commission from certifying the name of Honick on the payrolls. The question to be determined is whether the appointment of the defendant Honick to the office named was in violation of the Civil Service Law. The claim is made that one Bremel should have been appointed in place of Honick. The appointment in question was made…
2Cases cited3 opinions
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- People Ex Rel. Fowler v. . MoskowitzNew York Court of Appeals · 1917
- People ex rel. Baldwin v. McAdooAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- Holt v. JansenNew York Supreme Court · 1953
- Atkinson v. FlemingNew York Supreme Court · 1927
- Barthelmess v. CukorAppellate Division of the Supreme Court of the State of New York · 1920
- Neal v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1941