Majority
p. 681The People of the State of New York ex rel. John S. Buck, Appellant, v. William Williams, as Commissioner of Water Supply, Gas and Electricity of the City of New York, Respondent. (Argued February 24, 1916; decided March 14, 1916.)
Headnote
People ex rel. Buck v. Williams, 167 App. Div. 914 , affirmed.Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 3, 1915, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to reinstate the relator in the
p. 682
position of laborer in the department of water supply, gas and electricity of the city of New York. The question at issue was' whether, when by reason of lack of work or in the interests of economy, it is necessary to reduce the force of a department, volunteer firemen are entitled to preference in retention in employment over civilians who are not either Civil war veterans or Spanish war veterans or volunteer firemen.
Thomas O’Connor and J. E. Eggleston for appellant.
L. T. Fetzer for Veterans of Spanish War.
Lamar Hardy, Corporation Counsel (Terence Farley of counsel), for respondent.
Order affirmed, with costs, on authority of People ex rel. Davison v. Williams ( 213 N. Y. 130 ).
Concur: Willard Bartlett, Ch. J., Chase, Collin, Cuddeback, Cardozo and Pound, JJ. Dissenting: Sea-BURY, J.
Cases cited
- People ex rel. Davidson v. Williams 213 N. Y. 130 p. 682