135 N.Y.S. 164 | N.Y. Sup. Ct. | 1909
Relator held a definite position, and his salary was an incident thereto; his tenure being protected by statute. He was
As a matter of fact, his absence from November 17th and until his return was without leave. That is made plain from the notices given to him; his “leave of absence” having been extended to November 16th only. It is not made to appear that he was suspended, though he was advised that he would be if his absence from duty was continued after that date.
By the charter (section 1543) the respondent, as a county officer, had the power to make a ratable deduction from relator’s salary on account of his absence from duty from November 17th to December 17th; such absence from duty being “without leave,” and therefore relator has shown no clear legal right to the writ sought.
Motion denied.