Legal Opinion

People ex rel. Stokes v. Tully

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1905PublishedCited by 20 opinions

Appeal by the respondent, James H. Tully, as commissioner, of public charities of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of May, 1905, granting the relator’s motion for a peremptory writ of mandamus requiring the said respondent to forthwith issue a certificate that the relator is duly employed as an examiner of charitable institutions of the…

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Appeal by the respondent, James H. Tully, as commissioner, of public charities of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of May, 1905, granting the relator’s motion for a peremptory writ of mandamus requiring the said respondent to forthwith issue a certificate that the relator is duly employed as an examiner of charitable institutions of the city of New York at a salary of $1,200 per annum and to attach said certificate to the payroll for the months of…

1Opinion of the Court

The following is the opinion of the court below:

Leventritt, J.:

This is an application for a peremptory writ of mandamus. Material facts are undisputed. . In April, 1900, the relator was appointed from the civil service eligible list to the place of examiner of dependent children for the borough of Manhattan. In November, 1903, the designation was, with the consent of the municipal civil service commission, changed to “Examiner of Charitable Institutions.” This position is in what is known as the ungraded service,, being specifically there classified. (Rules and Classifications of the…

2Cases cited1 opinion

  1. People ex rel. Lodholz v. KnoxAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by20 opinions

  1. Corrigan v. JosephNew York Court of Appeals · 1952
  2. Thoma v. City of New YorkNew York Court of Appeals · 1934
  3. Mandle v. BrownNew York Court of Appeals · 1958
  4. Ryan v. KaplanAppellate Division of the Supreme Court of the State of New York · 1925
  5. Amann v. FineganAppellate Division of the Supreme Court of the State of New York · 1938

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