Domschke v. Cukor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Morris Cukor and others, from an order of the Supreme Court, made at the Kings Special Term and entered -in the office of the clerk of the county of Kings on the 13th day of July, 1920, granting petitioner’s motion for a peremptory writ of mandamus, commanding said civil service commission to certify the name of the petitioner on the payroll of the Municipal Court of the City of New York, Seventh District, Borough of Brooklyn, for the month of…
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Appeal by the defendants, Morris Cukor and others, from an order of the Supreme Court, made at the Kings Special Term and entered -in the office of the clerk of the county of Kings on the 13th day of July, 1920, granting petitioner’s motion for a peremptory writ of mandamus, commanding said civil service commission to certify the name of the petitioner on the payroll of the Municipal Court of the City of New York, Seventh District, Borough of Brooklyn, for the month of March, 1920, and directing said comptroller to forthwith pay said salary to the petitioner as and for his salary as assistant…
1Opinion of the Court
Jenks, P. J.:
The basis of the application is relator’s claim to an office. But it appears that Messenger, a stranger to this proceeding, is a claimant also, and there is proof that indicates that Messenger is the officer de facto. Mandamus is not the remedy to try this conflict of titles. (People ex rel. Faile v. Ferris, 16 Hun, 219; affd., 76 N. Y. 326; People ex rel. Gaffigan v. Rickerson, 56 App. Div. 588; People ex rel. Woodill v. Tighe, 145 id. 606; affd., 206 N. Y. 740.) Moreover, this mandamus runs against the comptroller to pay a salary which it appears has been paid to the relator’s…
2Cases cited5 opinions
- Martin v. . City of New YorkNew York Court of Appeals · 1903
- The People Ex Rel. Faile v. . FerrisNew York Court of Appeals · 1879
- Matter of JannickyNew York Court of Appeals · 1913
- People Ex Rel. Woodill v. . TigheNew York Court of Appeals · 1912
- People ex rel. Gaffigan v. RickersonAppellate Division of the Supreme Court of the State of New York · 1900