40 N.Y.S. 275 | N.Y. App. Div. | 1896
The relator was a veteran of the volunteer fire department and an honorably-discharged soldier. On May 4, 1894, he was appointed engineer of stable “ A ” in the street cleaning department, and continued in that position till May 1, 1895, when he was discharged without a hearing. Such discharge was pursuant to a letter from the assistant superintendent that his services were no longer needed.
The only question of fact we deem it necessary to discuss is, as to whether the "cause assigned was true.
Although rated as ah engineer, the relator was not performing, at the date of his discharge, the work of an engineer; there was an engine there to run but he never ran it, that work being performed by another who always ran it. The relator used to polish up the-fire engine and did little odd chores.
There is some question as to whether this other man was a licensed engineer or a plumber, but that seems to us to be immaterial as he-did the work of an engineer, always ran the engine and was engaged in such work before the appellant became commissioner, and, as stated, the relator never performed the duties of engineer.
The relator was discharged because “ there was nothing for him to do; there was no use for his services; ” and nobody was ever appointed to fill the position formerly occupied by the relator.
This evidence is not refuted, and it thus appears that having no further use for his services, which could as well be performed by others then in the service, there is no law or reason to prevent the commissioner, in the interest of economy, from exercising his undoubted right of dismissal. Nor can we find upon this record.
The -order should be reversed and the writ should be denied, with costs.
Van Brunt, P. J., Williams, Patterson and Ingraham, JJ., concurred.
Order reversed and writ denied, with costs.