People Ex Rel. Fleming v. . Dalton
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 1, 1898, reversing an order of the Special Term granting an application for a peremptory writ of mandamus commanding the respondents to reinstate and employ relator in the position of foreman of the eastern district repair yard, department of water supply, borough of Brooklyn, from which he was removed on April 11, 1898, and for further appropriate relief.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 1, 1898, reversing an order of the Special Term granting an application for a peremptory writ of mandamus commanding the respondents to reinstate and employ relator in the position of foreman of the eastern district repair yard, department of water supply, borough of Brooklyn, from which he was removed on April 11, 1898, and for further appropriate relief. The facts, so far as material, are stated in the opinion. It is essential to the determination of the questions here…
1Opinion of the CourtBartlett, J.
The relator on January 1st, 1898, passed from the employ of the late city of Brooklyn to that of the city of Hew York, in pursuance of section 1536 of the Greater Hew York charter, continuing in the same position he had held prior to that time.
Relator’s position was subject to a competitive examination under the civil service regulations of the city of Brooklyn, and also under the new civil service regulations of the city of Hew York, adopted March 5th, 1898. On April 11th, 1898, the relator was summarily removed from his position, without charges made against him, and in this mandamus…
2Cases cited5 opinions
- The People v. . JaehneNew York Court of Appeals · 1886
- People Ex Rel. Leet v. . KellerNew York Court of Appeals · 1898
- In Re People Ex Rel. DobsonNew York Court of Appeals · 1895
- B'd of Com'rs of Excise, Etc. v. . BurtisNew York Court of Appeals · 1886
- Sixth Avenue Railroad v. Gilbert Elevated Railway Co.The Superior Court of New York City · 1876
3Cited by54 opinions
- Cimo v. State of New YorkNew York Court of Appeals · 1953
- Peterson v. . MartinoNew York Court of Appeals · 1914
- People v. MannNew York Court of Appeals · 1972
- Pratt Institute v. . City of New YorkNew York Court of Appeals · 1905
- Touart v. State ex rel. CallaghanSupreme Court of Alabama · 1911
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