Majority
Headnote
1. Municipal Corporations — Civil Service — Deputy Tax Commissioners— Reduction in Rank.Prior to June, 1898, the relator occupied the position of deputy tax commissioner in the department of taxes and assessments in the city of Few York, and was in the enjoyment of a salary of $2,700 a year. In that position he came within the protection of section 3 of chapter 186 of the Laws of 1898, and could not be removed therefrom or reduced without the reasons therefor being stated in writing and filed with the head of the department, and without having an opportunity to make an explanation. On the day above mentioned, the defendants, commissioners of taxes, adopted a resolution by which they classified deputy tax commissioners into five grades, with a different salary for each grade. They placed the relator in the fifth grade, and reduced his salary from $2,70o0 to $1,500 per annum. On October 27, 1898, the relator presented a petition to the supreme court, containing the necessary allegations, and praying that a writ of mandamus be issued, commanding the defendants to reinstate him in his former position as deputy tax commissioner, with a salary of $2,700 a year. The proceeding being brought to a hearing, an order was made that a peremptory writ of mandamus issue, requiring and commanding the respondents forthwith to reinstate and re-employ the relator in the position of deputy tax commissioner in the department of taxes and assessments in the city of Few York, with the salary of $2,700 per annum, as the same was occupied by him prior to the 1st day of June, 1898, together with all the salary and emoluments of said position due and accruing since June 1, 1898, and further commanding them,- and each of them, forthwith to take such action as may be necessary to pay or cause to be paid to the said relator the difference between said salary and the salary he has actually received since June 1, 1898; said salary amounting to $1,200 per annum. From this order the present appeal is taken.
All the questions arising on the application for the writ are fully considered in the opinion of Mr. Justice Scott, delivered at the special term, and little need be added to the views therein expressed.
It is very strongly urged that the relator was not entitled to the writ, because of loches in applying for it. What is stated in the opinion of the justice at special term fully disposes of that contention.
The order appealed from must be affirmed, with costs.
Cases cited
- People ex rel. Fleming v. Dalton 158 N. Y. 175 p. 211