Legal Opinion · Dissent

People ex rel. Finnegan v. McBride

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

Decided December 6, 1918Published

Appeal by the defendants, James E. McBride and others, from an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 22d day of July, 1918, granting relator’s motion for a peremptory writ of mandamus.

1Dissent

Laughlin, J. (dissenting):

It appears that the nurses in the department of health by custom had been divided between the bureau of child hygiene and the bureau of preventable diseases and all such positions had been filled by graduate experienced nurses duly licensed by the State Board of Regents and that their work had been directed and supervised principally by nurses detailed for that purpose and known, although not officially designated, as supervising nurses.

The municipal civil service commission, following the mandate of the Legislature (Civil Service Law [Consol. Laws, chap. 7; Laws of…

2Cases cited27 opinions

  1. People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
  2. Osterhoudt v. . RigneyNew York Court of Appeals · 1885
  3. People Ex Rel. Moriarty v. . CreelmanNew York Court of Appeals · 1912
  4. Matter of Simons v. . McGuireNew York Court of Appeals · 1912
  5. People Ex Rel. Hotchkiss v. Board of SupervisorsNew York Court of Appeals · 1875

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