In re McGuire
Appellate Division of the Supreme Court of the State of New York
Appeal by the Municipal Civil Service Commission of the City of New York and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of April, 1913, granting the petitioner’s motion for a peremptory writ of mandamus requiring his reinstatement to the position of clerk in the office of the municipal civil service commission of the city of New York, from which he was removed…
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Appeal by the Municipal Civil Service Commission of the City of New York and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of April, 1913, granting the petitioner’s motion for a peremptory writ of mandamus requiring his reinstatement to the position of clerk in the office of the municipal civil service commission of the city of New York, from which he was removed by an order of the commission on the 6th day of November, 1912.
1Opinion of the Court
Laughlin, J.:
The petitioner shows that in the month of April, 1900, he duly passed an open competitive examination held by the municipal civil service commission of the city of New York for the position of senior clerk with said commission and was duly appointed to that position on the 1st day of May, 1901, and that he served in that capacity until the 6th day of November, 1912, when he was dismissed, after certain charges had been made and served upon him, and he had been afforded an opportunity to explain them.
Petitioner further shows that he first served about a month as a clerk in the…
2Cases cited6 opinions
- People Ex Rel. Fonda v. . MortonNew York Court of Appeals · 1896
- Matter of Griffin v. . ThompsonNew York Court of Appeals · 1911
- People Ex Rel. Hart v. Board of Fire CommissionersNew York Court of Appeals · 1880
- Abrams v. HortonAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. O'Keefe v. HynesAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by5 opinions
- Plunkett v. WilsonNew York Supreme Court · 1942
- Rosengarten v. KnappAppellate Division of the Supreme Court of the State of New York · 1932
- Jennings v. WilsonNew York Supreme Court · 1942
- Corgel v. LoosAppellate Division of the Supreme Court of the State of New York · 1955
- Adler v. LangAppellate Division of the Supreme Court of the State of New York · 1964