People ex rel. Grimshaw v. Prendergast
New York Supreme Court
Mandamus by the people, on the relation of William A. Grimshaw, against William A. Prendergast, register of Kings county, to compel defendant to certify to the Civil Service Commission pay rolls or supplemental pay rolls in favor of relator. Denied. Order and decision affirmed without opinion in 132 App.
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Mandamus by the people, on the relation of William A. Grimshaw, against William A. Prendergast, register of Kings county, to compel defendant to certify to the Civil Service Commission pay rolls or supplemental pay rolls in favor of relator. Denied. Order and decision affirmed without opinion in 132 App. Div. 937, 116 N. Y. Supp. 1144, 197 N. Y. 538, 91 N. E. 1119. The following is the order denying relief: A motion having been made herein upon an order to show cause bearing date the 7th day of January, 1909, returnable before this court on the 12th day of January, 1909, for an order granting…
1Opinion of the CourtMaddox, J.
Relator held a definite position, and his salary was an incident thereto; his tenure being protected by statute. He was *165subject to removal and suspension for cause, and until removed or suspended. in manner as provided by statute, was entitled to his salary, but subject, however, to a ratable deduction therefrom, in the discretion of the respondent, fot any absence without leave. He was not removed or suspended for cause. Because of illness he was absent from his office, and failed to perform his duties for several months prior to December 17, 1908, with the leave and permission of the…
2Cited by3 opinions
- Devlin v. City of New YorkCity of New York Municipal Court · 1914
- Downey v. City of New YorkAppellate Terms of the Supreme Court of New York · 1914
- Reilly v. City of New YorkCity of New York Municipal Court · 1912