Bennett v. Robbins — 240 N.Y. 553

Majority

p. 553

In the Matter of the Application of William B. Bennett, Respondent, for an Order of Mandamus against William D. Robbins, as City Manager of the City of Niagara Falls, et al., Appellants.

(Argued January 21, 1925;

decided February 25, 1925.)

Headnote

Civil service — veterans — Niagara Falls (city of) — removal of exempt fireman from office without hearing improper.

Matter of Bennett v. Robbins, 211 App. Div. 833 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 19, 1924, which affirmed an order of Special Term granting a motion for a peremptory order of mandamus to compel the city manager of the city of Niagara Falls to reinstate the petitioner in the position of city engineer of said city on the ground that he was an exempt fireman and had been removed from said position without a hearing in violation of section 22 of the Civil Service Act and of section 20 of the city charter (L. 1916, ch. 530).

George W. Knox for appellants.

Robert J. Moore for respondent.

p. 554

Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Absent: McLaughlin, J.