Majority
p. 153In the Matter of the Application of Patrick H. Gaffney for a Writ of Mandamus. (Supreme Court, General Term, Second Department, Filed February 11, 1895.)
Headnote
Municipal corporation—Employe—Discharge,An application by a discharged employe of a city to compel his reinstatement, on the ground that he was an honorably discharged soldier, not made until more than two years after his discharge, is barred by loches.
Appeal from an order, denying an application for a writ of mandamus.
Sidney Williams (G. B. Van Wart, of counsel), for app’lt; Albet G. McDonald, Corp. Counsel ( Howard O. Wood, of counsel), for resp’t.
The relator herein slept upon his right too long to be entitled to the relief he seeks. This application is made two years and nine months after the alleged time of discharge. Relator must bear the result of his own carelessness. His loches prevents his reinstatement. In re Shay, 39 St. Rep. 856 . The special term of this court, affirmed by the general term, held that the loches of one year and six months rendered reinstatement impossible. See, also, In re Wortman, 2 N. Y. Supp. 324 ; People v. Hayden, City Ct. Brooklyn, July 31, 1890. I recommend affirmance without an opinion.
All concur.