Legal Opinion

People ex rel. Rigby v. Anderson

Appellate Division of the Supreme Court of the State of New York

Decided October 19, 1921PublishedCited by 7 opinions

Certiorari issued out of the Supreme Court and attested on the 28th day of April, 1921, directed to Severn A. Anderson, treasurer of Erie county, N. Y., commanding him to certify and return to the clerk of the county of Erie all and singular his proceedings had concerning the trial, conviction and dismissal from office of Howard E. Rigby, a messenger in the office of said county treasurer.

1Opinion of the Court

Davis, J.:

The relator was prior to February 3, 1921, by appointment a messenger in the office of the county treasurer of Erie county. He is an honorably discharged soldier, having served as such in the World War, and is, therefore, protected in the tenure of his position unless removed for incompetency or misconduct. (Civil Service Law, § 22, as amd. by Laws of 1920, chap. 833.)

He was summarily discharged by the county treasurer on February 3, 1921, for “ irregularities.” Subsequently, on March twelfth, written charges made by the county treasurer were prepared and served on him, alleging…

2Cases cited5 opinions

  1. People ex rel. LongAppellate Division of the Supreme Court of the State of New York · 1911
  2. People ex rel. Winspear v. KreinhederAppellate Division of the Supreme Court of the State of New York · 1921
  3. In re BarlowAppellate Division of the Supreme Court of the State of New York · 1910
  4. People ex rel. Devaney v. GreeneAppellate Division of the Supreme Court of the State of New York · 1903
  5. People Ex Rel. McCabe v. Board of Fire CommissionersNew York Court of Appeals · 1887

3Cited by7 opinions

  1. Rotkiewicz v. Department of Mental HygieneAppellate Division of the Supreme Court of the State of New York · 1954
  2. Davis v. SayerAppellate Division of the Supreme Court of the State of New York · 1923
  3. Ryan v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1948
  4. Wansart v. FeinsteinNew York Supreme Court · 1965
  5. O'Malley v. RobbinsNew York Supreme Court · 1931

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