Manko v. City of Buffalo

Section 21 of the Civil Service Law affords to honorably discharged soldiers, sailors, marines and nurses of the army, navy or marine corps of the United States, disabled in the actual performance of duty in any war, a preference in appointment to positions in the public service. A refusal to allow this preference is denounced by the section as a misdemeanor, and an honorably discharged disabled veteran who has been denied the preference is given “ a right of action therefor in any court of competent jurisdiction for damages, and also a remedy by mandamus for righting the wrong.”

In a…