Petrillo v. Lynn

Order denying petitioner’s application for a peremptory order of mandamus reversed on the law and the facts, with costs, and motion granted, with ten dollars costs and disbursements. The petitioner, an honorably-discharged soldier of the World war, on the facts presented by this record, is protected in his position by the Civil Service Law (§ 22, subd. 1) to the effect that he may not be removed save upon proven charges of incompetence or misconduct. While it is clear that the proper title to the office in question is that of “ Second Deputy — Disbursing Officer,” that designation by the…