60 N.Y.S. 23 | N.Y. Sup. Ct. | 1899
The relator was, on January 21, 1895, duly appointed, by the then commissioners of accounts of the former city of Hew York, to the position of assistant- examiner. He held this position until January 1, 1898, when the present city of Hew York came into existence. He was duly assigned, under the provisions of section 1536 of the Greater Hew York charter, to the office of the commissioners of accounts, provided for in said charter, and continued to hold the position of assistant examiner in said last-mentioned office until March 19, 1898, on which day the commissioners of accounts passed a resolution abolishing the position of assistant examiner, thereby in effect removing the relator and nine other persons, who then held that position. On the same day, five of the persons -whose positions had been abolished were reappointed as examiners, and a few days later eighteen other persons were appointed examiners. The relator protested against his removal, and at length applied for a writ of mandamus to compel his reinstatement. The answering affidavits of the defendants raising certain questions of fact, an alternative writ was duly issued, to which the defendants made return, and the issues of fact raised by the writ and the return thereto have been tried before a jury. Upon the alternative mandamus and return and the verdict of the jury, the relator now moves for a peremptory mandamus. By direction of the justice presiding, the jury found that the relator, on March 19, 1898, was a regular clerk in the office of the commissioners of accounts, and that the commissioners on said March 19, 1898, removed him without affording him an opportunity of making an explanation or defense. The jury further found, upon a submission of the questions to them upon the evidence, (1) that the commissioners,
Motion granted, with costs.