Legal Opinion

Bornstein v. Freeman

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

Decided January 9, 1956Published

1Opinion of the Court

In a proceeding by appellant seeking her restoration to the position of deputy registrar of vital statistics of the department of health of the City of Mount Vernon, the appeal is from an order dismissing the petition on respondent’s motion. Order affirmed, with $10 costs and disbursements. Appellant, whose term and tenure were not defined by any statute or provision of law, could be removed at the discretion and will of respondent. (Cf. People ex rel. Sims v. Fire Comrs., 73 N. Y. 437, 441; People ex rel. Cline v. Robb, 126 N. Y. 180, 182; People ex rel. Ryan v. Wells, 178 N. Y. 135, and…

2Cases cited4 opinions

  1. People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
  2. People Ex Rel. Cline v. . RobbNew York Court of Appeals · 1891
  3. People Ex Rel. Ryan v. . WellsNew York Court of Appeals · 1904
  4. People ex rel. Cahill v. BarkerAppellate Division of the Supreme Court of the State of New York · 1896

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