People Ex Rel. Kastor v. . Kearny
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made March 9, 1900, reversing an order of Special Term denying a motion for a peremptory writ of mandamus to reinstate relator as clerk in the department of public buildings, lighting and supplies of the city of New York, and granting said motion. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made March 9, 1900, reversing an order of Special Term denying a motion for a peremptory writ of mandamus to reinstate relator as clerk in the department of public buildings, lighting and supplies of the city of New York, and granting said motion. The facts, so far as material, are stated in the opinion. If a short term of office or employment makes manifest to the head of a department that the officer or employee is, for any reason, an unfit or improper person for his position, he should…
1Opinion of the Court
The relator stood first on the eligible list of the municipal service commission for appointment as senior clerk in the department of public buildings. This was in the classified service. The defendant appointed him senior clerk of the department, to take effect June 13, 1899, and the relator entered upon his duties. On June 17, 1899, the defendant discharged him, assigning no cause and giving him no hearing. He demanded and was refused reinstatement, and moved for a writ of mandamus at Special Term. The motion was denied. The Appellate Division reversed the order denying the motion, and…
2Cases cited2 opinions
- People Ex Rel. Sweet v. . LymanNew York Court of Appeals · 1898
- People Ex Rel. Fleming v. . DaltonNew York Court of Appeals · 1899
3Cited by28 opinions
- Albano v. KirbyNew York Court of Appeals · 1975
- Gavigan v. McCoyNew York Court of Appeals · 1975
- Matter of Berger v. WalshNew York Court of Appeals · 1943
- Bishop v. New York City Department of Housing Preservation & DevelopmentDistrict Court, S.D. New York · 1992
- Going v. KennedyAppellate Division of the Supreme Court of the State of New York · 1958
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