90 N.Y.S. 184 | N.Y. App. Div. | 1904
The relator is a resident and inhabitant of the State of Hew York, residing in the county of Hew York, and was at the time of his removal from his position of court attendant an honorably discharged soldier, having served as a private in the volunteer army of the United States in the Spanish-American war. Charges were preferred against the relator by the justice of the Municipal Court presiding in the fifth district. The relator appeared upon the day set for a hearing of the charges and demanded that the same be made more definite, and also informed the justice that he was a veteran of the Spanish-American war and was entitled to a trial and hearing before he could be removed. The demand for a hearing and trial was denied,
The fact that the term of the appointment of the relator had expired does not militate against this view. He was not removed for such cause, and he was recognized as properly holding the position by the proceedings which were taken to effectuate his removal. It follows that such removal was without authority of law.
The writ of certiorari should be sustained, the proceedings removing the relator annulled, and the relator reinstated in his position, with fifty dollars costs and disbursements.
Van Brunt, P. J., Patterson, O’Brien and Laughlin, JJ., concurred.
Writ sustained, proceedings annulled and relator reinstated, with fifty dollars costs and disbursements.