Hyperlawhypertext legal database People ex rel. Boyd v. Ruoff 144 N.Y.S. 1137

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People ex rel. Boyd v. Ruoff

144 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1913-12-05 English

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p. 1137
PEOPLE ex rel. BOYD v. RUOFF, County Clerk.
(Supreme Court, Appellate Division, Second Department.
December 5, 1913.)

Headnote

Proceeding by the People of the State of New York, on the relation of Albert L. Boyd, against Leonard Ruoif, Clerk of the County of Queens.

We think, considering the short period of service of the relator and the volume of work done by him, that the number of errors made by him was not sufficient to establish incompetency on his part. None of the errors showed a hopeless incompetency, and a few days more of service might have resulted in a relative perfection. Before a final determination of incompetency was reached, a better opportunity should have been afforded the relator. Therefore the determination of the County Clerk is annulled, with $50 costs and disbursements, and the relator reinstated.