Keenan v. Greene — 245 N.Y. 586

Majority

p. 586

In the Matter of Frank P. Keenan, Appellant, against Frederick S. Greene, State Superintendent of Public Works, et al., Respondents.

(Submitted May 13, 1927;

decided May 31, 1927.)

Headnote

Civil service — veterans — abolishment of position held by veteran of Spanish-American War — mandamus to compel reinstatement properly denied.

Matter of Keenan v. Greene, 216 App. Div. 775 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial

p. 587

department, entered March 12, 1926, which unanimously affirmed an order of Special Term denying a motion for an order of mandamus to compel reinstatement of the petitioner in office in the Department of Public Works. The petitioner, a veteran of the Spanish-American War, held the position of Superintendent of Terminals in that department, a position in the competitive class of the civil service, for which he had passed a competitive-examination, and been duly certified for appointment. Upon the general reorganization of the Department of Public Works his position was abolished and the duties thereof transferred to others. Petitioner contended that his removal from office and failure to transfer him to such branch of the sendee as he was fitted to fill was illegal.

Rosalie Ulrich and Milton M. Eisenberg for appellant.

Albert Ottinger, Attorney-General (Patrick H. Clune of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.