Glisman v. Moses

Order dismissing petition for -a mandamus order directing the reinstatement of petitioner in the position of park engineer and the payment of back salary unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. Although the suspension of petitioner on March 31, 1932, while another employee junior to him in service was retained, was improper, petitioner waived his right to reinstatement at that time through his failure to seek promptly the remedy of mandamus. (Thoma v. City of New York, 263 N. Y. 402; People ex rel. Vanderhoof v. Palmer, 3 App. Div. 389;…