Headnote
Appeal from Special Term, New York County. Mandamus by the People of the State of New York, on the relation of James G. Collins, against George Mc-Aneny, as President of the Borough of Manhattan, and another, to compel relator’s reinstatement as Superintendent of Highways. From an order directing the issuance of a peremptory writ, defendants appeal. Modified. William E. G. Mayer, of Brooklyn, and Geo. Gordon Battle, of New York City, for appellants. Herbert C. Smyth, of New York City, for respondent.The order appealed from should be modified, by inserting after the words “city of New York” in the twenty-fourth folio, the words “as of the date of January 1, 1904,” and by adding at the end thereof the words, “But in no event beyond the date of the abolition of said office, namely, the 14th day of February, 1910.” As so modified, the order is affirmed, with costs to the respondent.
dissents, and votes for a reversal of the order and a denial of the motion for mandamus.
dissents from the order, so far as it awards the writ of mandamus, and votes to modify it by inserting in lieu of those provisions a recital that, since it appears that the office has been lawfully abolished, a writ of mandamus cannot be issued to require that the relator be now restored thereto, and on that ground the motion for the writ is denied.