People ex rel. Simon v. Darlington — 192 N.Y. 572

Majority

p. 572

The People of the State of New York ex rel. Maurice Simon, Appellant, v. Thomas Darlington et al., as the Board of Health of the City of New York, Respondents.

Headnote

People ex rel. Simon v. Darlington, 123 App. Div. 924 , affirmed.

(Argued May 19, 1908;

decided June 2, 1908.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 24, 1908, which dismissed a writ of certiorari and confirmed the proceedings of the defendants in dismissing the relator from employment in the health department of the city of New York.

Andrew H. Scoble and Morris D. Silverstein for appellant.

Francis K. Pendleton, Corporation Counsel (Theodore Connoly and Royal E. T. Riggs of counsel) for respondents.

Order affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Hiscock and Chase, JJ.; Vann and Willard Bartlett, JJ., dissent on the ground that the allegation in the writ that the relator was given no opportunity to cross-examine the witnesses against him was not denied in the return.