42 N.Y.S. 961 | N.Y. App. Div. | 1897
The point is taken by the counsel for the corporation that this proceeding is barred by the Statute of Limitations, under section 2125 of the Code, the determination of the respondents having become final and binding on the 30th day of April, 1895, and this writ of certiorari not having been allowed until the 3d day of September, 1895. This provision would seem to be a complete bar to the right of the relator to maintain this proceeding. (See People ex rel. Cook v. Hildreth, 126 N. Y. 360.)
But, assuming that the writ had been issued in time, we think it clear that the action of the respondents was valid, and that the writ should be dismissed.
The relator was employed by the department of public parks as foreman of carpenters, receiving a salary of $120 per month. On the 29th day of April, 1895, the superintendent of parks made a report to the president, in which he said that: “ Owing to the reduction of the mechanical force, I desire to recommend the abolition of the following offices and the discharge of those persons now holding the same.” By the return it appears that, when this communication was received by the president, he consulted with the respondents
It was held by the Court of Appeals, in the case of People ex rel. Corrigan, v. The Mayor (149 N. Y. 225), that “ while these statutes are positive in form, it- is clearly not their intent to give to occupants of such positions a life tenure where, upon grounds of
• There is some criticism upon the validity of the act of the president as not being the act of the board. This proceeding, however, is brought to review the action of the board in discharging the relator. If the board never acted, there is no proceeding here for
We think, therefore, assuming that the writ was applied for in time, that the respondents did abolish the office held by the relator for good and sufficient reason, that he was thus legally discharged from such office, and that the action of the respondents should be affirmed, and the proceedings dismissed, with costs.
Van Brunt, P. J., Barrett, Bumsey and O’Brien, JJ., concurred.
Writ dismissed, with costs.