Matter of Shepard v. . Oakley
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 23, 1905, which affirmed an order of Special Term denying an application for a peremptory or alternative writ of mandamus to compel the reinstatement of the petitioner in the position of clerk in the department of water supply, gas an.d electricity in the city of New York. - The averments of the petition show, in substance, that on August 31st, 1904, the…
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 23, 1905, which affirmed an order of Special Term denying an application for a peremptory or alternative writ of mandamus to compel the reinstatement of the petitioner in the position of clerk in the department of water supply, gas an.d electricity in the city of New York. - The averments of the petition show, in substance, that on August 31st, 1904, the petitioner was a clerk in the department of water supply, gas and electricity at a salary of $2,700 a year. The…
1Opinion of the CourtWerner, J.
In September, 1904, when the last reduction was made in "the petitioner’s salary, as sét' forth in the fore going statement of facts, the municipal civil service rules in force in the city of New York provided that certain offices and positions, including the one held by the petitioner, “ shall be divided into grades based upon the relative character of the duties performed and the rates of annual compensation.” (Rule 37.) In the absence of specific information as to the character of the duties actually performed by the petitioner through the various'mntations of his career from 1899 to 1904,…
2Cases cited3 opinions
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Callahan v. Board of EducationNew York Court of Appeals · 1903
- People Ex Rel. Slavin v. . WendellNew York Court of Appeals · 1877
3Cited by5 opinions
- Shepard v. . City of New YorkNew York Court of Appeals · 1915
- People Ex Rel. Somerville v. . WilliamsNew York Court of Appeals · 1916
- Walters v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Brigham v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1920
- Auguti v. City Civil Service CommissionNew York Supreme Court · 1957