People Ex Rel. Green v. . Van Wyck
New York Court of Appeals
Appeals from orders of the Appellate Division of the Supreme Court in the first judicial department, entered December 3,1898, affirming the proceedings of the defendant and dismissing writs of certiorari issued to review the same. The facts, so far as material, are stated in the opinion in the Green case. The mayor had no power to remove the relators except for cause after an opportunity to be heard.
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Appeals from orders of the Appellate Division of the Supreme Court in the first judicial department, entered December 3,1898, affirming the proceedings of the defendant and dismissing writs of certiorari issued to review the same. The facts, so far as material, are stated in the opinion in the Green case. The mayor had no power to remove the relators except for cause after an opportunity to be heard. (L. 1897, ch. 378, § 518 ; L. 1883, ch. 490 ; L. 1888, ch. 584, § 37 ; L. 1882, ch. 410, § 108 ; Harrington v. Trustees of Rochester, 10 Wend. 547 ; Met. Board of Health v. Bchmades, 3 Daly, 282…
1Opinion of the CourtHaight, J.
George Walton Green, the relator, was a duly appointed and acting aqueduct commissioner in the city of Hew York under chapter 584 of the Laws of 1888. On the first day of January, 1898, he was removed from such office by the defendant, Robert A. Yan Wyck, the mayor of the city of Hew York, without previous notice or hearing had on charges, and without the approval of the governor. It was to review these proceedings that the writ of certiorari was issued in this case.
The power of the mayor to remove the relator depends upon the construction that should be given to the statute.
Section 95 of the…
2Cited by2 opinions
- People ex rel. Morrisey v. BolandNew York Supreme Court · 1901
- Ten Eyck v. GaynorAppellate Division of the Supreme Court of the State of New York · 1910