112 N.Y.S. 695 | N.Y. App. Div. | 1908
- The relator was a State transfer tax appraiser in the county of Kings, appointed by the State Comptroller in May, 1905, and removed by the respondent on January 17, 1907. There were no charges of in competency or misconduct against him, and his removal was without a hearing. He was a member in good standing of Richmond Hook and Ladder Company No. 4 of New Brighton at the .time of its disbandment, October 1, 1905, and founds his contention on the provisions of section 21 of the Civil Service Law,, which, so far as it affects his rights, provides: “ Every person whose rights may be in any way prejudiced contrary to any of the provisions of this section shall be entitled to a writ of mandamus to-remedy the -wrong. ' No person holding a position by appointment: or employment in. the State of New York or in the several cities,, counties, towns or villages thereof, who * * * shall have been
a member thereof at the time of the disbandment of such volunteer fire department, shall be removed from such position except for incompetency or misconduct shown after a hearing,, upon due notice, upon stated charges,” etc., under which he claims that his. removal was wrongful and unjustifiable. The respondént relies upon the provisions of section 230 of the Tax Law, as amended by section 1 of chapter 658 of the Laws of 1900, under the provisions of which the relator was appointed and removed, which provides: “-The State Comptroller shall appoint, and may at pleasure remove, not to exceed * * * two persons in the county of Kings *■ * * to act as appraisers therein,” under which it is claimed that the action of the Comptroller in removing.the relator-
No rule of law is more firmly established than that the intention of tlie lawmakers must be sought, and when ascertained given effect in the construction of statutes; that such intention is to be determined from the language used, which must be given its usual and accepted meaning. Applying this rule to the construction of
From these conclusions it follows that a tax appraiser in the county of Kings is not exempted from removal, and is not within the protection of section 21 of the Civil Service Law, and may be removed at pleasure by the Comptroller.
The judgment must be affirmed, with costs.
Jenks, Hooker, Gaynor and Miller, JJ., concurred.
Judgment affirmed, with costs.
See Laws of 1901, chap. 173, § 18.— [Rep.