People ex rel. Franklin v. Fetherston
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John T. Fetherston, as commissioner, and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 25th day of February, 1915.
1Opinion of the Court
Jenks, P. J.:
This appeal is from an order of the Special Term for a peremptory writ of mandamus that requires the appellants to recognize legally the preference in promotion to which the relator is entitled as an honorably discharged veteran sailor of the Civil war.
The grievance is that two men, who were not veterans, were promoted in the clerical force of the street cleaning department of the city of New York, in disregard of the right of the relator. The petition herein is dated February 1, 1915. The examination which resulted in the eligible list for such promotions was held in June, 1907,…
2Cases cited2 opinions
- People Ex Rel. Fleming v. . DaltonNew York Court of Appeals · 1899
- People ex rel. City of Buffalo v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898
3Cited by2 opinions
- MATTER OF MAYE v. LindsayAppellate Division of the Supreme Court of the State of New York · 1972
- McGuire v. PrendergastNew York Supreme Court · 1915