Legal Opinion

Riley v. . Mayor, Etc., of N.Y.

New York Court of Appeals

Decided June 17, 1884PublishedCited by 20 opinions

Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 9, 1883, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the trial court. (Mem. of decision below, 17 J. & S. 537.) » ■ This action was brought by plaintiff to recover an alleged balance of salary due him as assistant engineer in the fire department of the city of New York. The material facts are stated in the opinion.

Read the full summary

Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 9, 1883, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the trial court. (Mem. of decision below, 17 J. & S. 537.) » ■ This action was brought by plaintiff to recover an alleged balance of salary due him as assistant engineer in the fire department of the city of New York. The material facts are stated in the opinion. Under the city charter heads of bureaus and regular clerks cannot be removed “until they have been informed of the cause…

1Opinion of the Court

Huger, Ch. J.

By section 28 of chapter 335 of the Laws of 1873, it is provided that the number and duties of the subordinates in the several departments of public service in the city of Hew York, with their respective salaries, whether now fixed by special law or otherwise, shall be such as the heads of the respective departments shall designate and approve.

It is conceded that the board of commissioners of the fire department is the head of that department and authorized as such to determine at will the compensation and duties of all persons employed therein.

Among other things it is conceded…

2Cases cited1 opinion

  1. People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878

3Cited by20 opinions

  1. Komp v. . RaymondNew York Court of Appeals · 1903
  2. Grant v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1903
  3. Charles v. WilsonAppellate Court of Illinois · 1964
  4. People v. AcritelliNew York Court of General Session of the Peace · 1908
  5. CrockettSupreme Judicial Court of Maine · 1931

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API