Legal Opinion

People ex rel. Buckley v. Roosevelt

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

Decided May 15, 1896PublishedCited by 5 opinions

Appeal by the relator, John Buckley, 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 4th day of March, 1896, denying his motion for a peremptory mandamus commanding the defendants, as the police commissioners of the city of New York, to reinstate the relator in his position as roundsman in the police department of the city of New York.

1Opinion of the Court

Ingraham, J. :

The question is here presented whether the relator held the posi tion of roundsman “by appointment” in the city of New York. Section 1 of chapter 577 of the Laws of 1892 provides that no person holding a position by appointment in any city or county of this State, or who may hereafter be appointed, receiving a salary from such city or county (unless he has been appointed for a definite term), who is an honorably discharged soldier, sailor or marine, etc., shall be removed from such position, except for cause shown after a hearing had. It appears that this relator was a patrolman…

2Cited by5 opinions

  1. People Ex Rel. O'Connor v. . GirvinNew York Court of Appeals · 1919
  2. Leach v. WoodburyAppellate Division of the Supreme Court of the State of New York · 1902
  3. Moran v. BakerNew York Supreme Court · 1906
  4. People Ex Rel. Leary v. . KnoxNew York Court of Appeals · 1901
  5. People ex rel. Colbert v. KnoxAppellate Division of the Supreme Court of the State of New York · 1901

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