In re Lazenby
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term. Application by William L- Lazenby for a peremptory writ of mandamus against the municipal civil service commission of the city of Elmira. From an order granting the application, an appeal is taken. Affirmed. See 78 N. Y. Supp. 302.
1Opinion of the CourtParker, P. J.
The certificate which is required to be annexed to the pay roll in order to authorize payment to Lazenby, to the mandamus herein refers, is to this effect: That he, Lazenby, “had been appointed in pursuance of law, and of the rules made in pursuance of law.” The civil service commission, being now of the opinion that Lazenby was not in fact eligible to the office when he was appointed, and that their certificate to the effect that he was, which they issued to him in January, 1904, was erroneous in that respect, now refuse to certify to his pay roll as above required. They claim that, in their…
2Cases cited2 opinions
- People ex rel. Mullen v. SheffieldAppellate Division of the Supreme Court of the State of New York · 1897
- Burke v. HoltzmannAppellate Division of the Supreme Court of the State of New York · 1906