People ex rel. Donlon v. Wurster — 35 N.Y.S. 90

Majority

p. 90

PEOPLE ex rel. DONLON v. WURSTER, Fire Commissioner.

(Supreme Court, General Term, Second Department.

July 26, 1895.)

Headnote

Members op Fire Department—Discharge without Trial—Coal Passer.

One appointed by a fire commissioner as a coal passer is not a member of the force for extinguishing fires, within a statute prohibiting the discharge of a member of the force without a trial.

Certiorari by John J. Donlon against Frederick W. Wurster, commissioner of the fire department of the city of Brooklyn, to review the decision of defendant in discharging relator. Quashed.

Argued before BROWN, P. J., and DYKMAN and PRATT, JJ,

Edward F. O’Dwyer, for relator.

Albert GL McDonald, for respondent.

Whatever may have been the status of the relator prior to January 10,1893, it appears in the record of the fire department that upon that day he resigned, and that upon the next day he was appointed as a coal passer. This is a position as laborer, and is not within the class of persons under the statute entitled to trial before they can be discharged. It also appears upon the minutes of the fire department that his original appointment was “temporarily as a laborer” in the department. I therefore find he was not at any time a member of the force for extinguishing fires.

Writ quashed, without costs. All concur.