Majority
p. 447The People ex rel. John J. Donlon, App’lt, v. Frederick W. Wurster, as Commissioner, etc., Resp’t. (Supreme Court, General Term, Second Department, Filed July 26, 1895.)
Headnote
Municipal corporation—Fireman—Discharge.A coal passer, appointed by a fire commissioner, is not a member of the force extinguishing fires within the statute, prohibiting the discharge of a member of the force without a trial.
Certiorari to review the decision of the commissioner of the fire department of the city of Brooklyn in discharging the relator.
Edward F. QDwyer, for relator; Albert Q. Me Donald, for resp't.
Whatever may have been the status of the relator prior to January 10, 1893, it appears in'the récord 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.