72 N.Y.S. 84 | N.Y. App. Div. | 1901
The relator seeks to be reinstated in the position of clerk to the-school board of the borough of Queens, from which he was removed on the 28th day of December, 1898. The writ Was issued on the-21st day of July, 1899, and the return thereto, raising questions of fact, was filed in the month of August, 1899. In June, 1900, the-issues thus raised were heard at Trial Term in Queens county before the court and a jury; and at the close of the evidence both parties moved for a direction of a verdict on the facts. The-learned court thereupon discharged the jury and reserved decision, which was subsequently rendered, dismissing the writ. The relator-appeals to this court and asks for a reversal of the order upon the-ground that the decision that relator was a clerk in the office of the-secretary of the school board, and his position was abolished- in- good faith, for reasons of economy, is against the evidence, and that the* conclusions of law thereupon are unwarranted;
In the case now before us there is some evidence that one of the
The determination of the facts in this case is sufficient to justify the disposition of the case made by the court at Trial Term; but independently of the issues raised before the jury, and subsequently decided by the court at the request of the parties, we are of opinion that the relator did not show facts which brought him within the provisions of the Constitution, which is alone competent to give him a preference over other citizens of the State in appointment and promotion in office, and that the writ of mandamus was properly denied.
The order appealed from should be affirmed, with costs.
Goodrich, P. J., Hirschberg, Jenks and Sewell, JJ., concurred.
Order affirmed, with ten dollars costs and disbursements.