People Ex Rel. Leet v. . Keller
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1898, affirming an order of the Special Term denying a motion for a peremptory writ of mandamus. The relator was appointed, in 1896, superintendent of the city hospital by the commissioners of public charities of the former city of New York.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1898, affirming an order of the Special Term denying a motion for a peremptory writ of mandamus. The relator was appointed, in 1896, superintendent of the city hospital by the commissioners of public charities of the former city of New York. By the civil service regulations of the then city, his position was one of those “ to be filled by selection from those who have passed highest in open competitive examinations.” On January 1st, 1898, he was transferred to the employment…
1Opinion of the CourtGray, J.
The appellant claims that, as his removal took effect a day after the enactment of chapter 186 of the Laws of 1898, amendatory of the General Civil Service Law, the rules and regulations of the New York city civil service commissioners, under which the position held by him was taken out of the competitive class, were ineffectual, because not approved by the state civil service board, as required by that act; and, if ineffectual for that reason, the respondent was without power to remove him without an opportunity to be heard. In support of this claim, he argues that the charter of the new…
2Cases cited4 opinions
- Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
- People of the State of N.Y. v. . QuiggNew York Court of Appeals · 1874
- McKenna v. . EdmundstoneNew York Court of Appeals · 1883
- In the Matter of the EvergreensNew York Court of Appeals · 1872
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- State Ex Rel. Wallen v. HatchSupreme Court of Connecticut · 1909
- Martin v. Board of Election CommissionersCalifornia Supreme Court · 1899
- Strauch v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1941
- City of Corning v. Corning Police DepartmentNew York Supreme Court · 1974
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