Legal Opinion

People ex rel. Kastor v. Kearny

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

Decided July 1, 1900PublishedCited by 8 opinions

Appeal by the relator, William H. Kastor, from an order of the Supreme Court, made at the New York Special Term bearing date the 28th day of December, 1899, and entered in the office of the clerk of the county of New York, denying his motion for a peremptory or alternative writ of mandamus directing Henry S. Kearny, commissioner of public buildings, lighting and supplies of the city of New York, to reinstate the relator in the position of clerk in said department, with the…

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Appeal by the relator, William H. Kastor, from an order of the Supreme Court, made at the New York Special Term bearing date the 28th day of December, 1899, and entered in the office of the clerk of the county of New York, denying his motion for a peremptory or alternative writ of mandamus directing Henry S. Kearny, commissioner of public buildings, lighting and supplies of the city of New York, to reinstate the relator in the position of clerk in said department, with the salary due from the date of his removal.

1Opinion of the Court

Rumsey, J.:

The relator having passed a competitive examination for the place of senior clerk bookkeeper was the first on the eligible list of the *126municipal civil service commission for that place, and on the 12th of June, 1899, he received an appointment to the place of senior clerk in the department of public buildings, lighting and supplies, taking effect June 13, 1899, with a salary at the rate of $1,000 a year. He entered upon the performance of his duties, but on the seventeenth of June he was notified that he was no longer required and was discharged. On the nineteenth he demanded to be…

2Cases cited6 opinions

  1. People Ex Rel. Sweet v. . LymanNew York Court of Appeals · 1898
  2. In re MurrayAppellate Division of the Supreme Court of the State of New York · 1897
  3. People ex rel. Chamberlain v. KnoxAppellate Division of the Supreme Court of the State of New York · 1899
  4. People ex rel. McMorrow v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1897
  5. People ex rel. Sweet v. LymanAppellate Division of the Supreme Court of the State of New York · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Going v. KennedyAppellate Division of the Supreme Court of the State of New York · 1958
  2. People ex rel. Hoeges v. GuilfoyleAppellate Division of the Supreme Court of the State of New York · 1901
  3. O'Grady v. LowAppellate Division of the Supreme Court of the State of New York · 1902
  4. People ex rel. White v. ColerAppellate Division of the Supreme Court of the State of New York · 1900
  5. Williams v. KennedyNew York Supreme Court · 1956

3 more not listed; retrieve them via the Exa API.

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