65 A.D. 498 | N.Y. App. Div. | 1901
The relator was an inspector of buildings in the borough of Brooklyn, having been appointed February 10, 1896, and was continued in his position under the provisions of the charter of the city of Mew York. On April 6, 1901, he was transferred to a new district. He entered upon the discharge of his duties in the new district on April eighth. On April 24, 1901, charges were preferred against him by one Joseph Fee, an inspector, charging the relator with inefficiency, neglect and omission to properly perform his duties as such inspector. The relator was notified to answer such charges and appear for trial on April 29, 1901; he answered, and a hearing or trial was held before the commissioner of the department of buildings on April thirtieth, resulting in the dismissal of the relator, who applied for and obtained a writ of certiorari to review the decision. The relator contends before this court that the charges were not proved on the trial; that the relator could not be dismissed upon false charges; that the proceedings must be conducted in a fair manner, and if the charges are not proven, the dismissal is illegal ; that the dismissal of the relator is reviewable by certiorari, which is the only remedy against the injustice done him, etc.
The conclusion reached makes it unnecessary to go into the merits of these questions, and we shall only consider the proposition asserted by the relator that “ the dismissal of the relator is reviewable by
It cannot be doubted that it is within the power of the Legislature to determine the term of employment of those engaged in the service of the municipality, and it having specifically declared that the inspectors of buildings and other employees in that department shall be subject to removal at the discretion of the appointing power, we are of opinion that the rule of the civil service commission, which undertakes to prescribe a new tenure of office, cannot be controlling in this case, particularly as there is no allegation in the moving papers that the relator comes within any of the provisions of the Veteran Acts.
As the relator held his position subject to the discretion of the commissioner of the department of buildings for the borough of Brooklyn, the trial or hearing must be deemed to have been merely for the satisfaction of the commissioner before whom the hearing was held, and within the determination of a question confided to his discretion by the Legislature we have no concern; it cannot be here reviewed.
The writ of certiorari should be dismissed, with costs.
Goodrich, P. J., Bartlett, LIiesohbbrg and Sewell, JJT., concurred.
Writ of certiorari dismissed, with ten dollars costs and disbursements.