People ex rel. Hodkinson v. Johnson
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court, and attested on the 11th day of April, 1912, to review the dismissal of the relator from the position of oil surveyor in the fire department.
1Opinion of the Court
Scott, J.:
The relator has sued out a writ of certiorari to review his removal by the fire commissioner of the city of New York, Relator was an honorably discharged veteran holding the position of oil surveyor in the fire department, but not a member of the uniformed force. As such he could be removed only “ for incompetency or misconduct shown after a hearing upon due notice upon stated charges.” (Civ. Serv. Law, § 22.*) The record shows that the statute was substantially complied with in scarcely any particular; and demonstrates that the commissioner either misconceived his duty in the…
2Cited by2 opinions
- Hathaway v. KlineAppellate Division of the Supreme Court of the State of New York · 1913
- People ex rel. Millington v. KaiserAppellate Division of the Supreme Court of the State of New York · 1913