Opinion · Nylaw New York
MATTER OF CHIAVERINI v. MURRAY, 237 App. Div. 856 (1932)
In the Matter of Application of JOSEPH CHIAVERINI, Respondent, for aPeremptory Ord. of Mandamus against EDWARD J. MURRAY, as Comm’r ofPublic Works of the City of Yonkers, N.Y., Appellant., 237 A.D. 856 (Appellate Division of the Supreme Court of New York, Second Department. 1932)
- Type
- Opinion
- Court
- Nylaw New York
- Jurisdiction
- Nylaw
- Date
- 1932-01-01
- Topic
- general
MATTER OF CHIAVERINI v. MURRAY, 237 App. Div. 856 (1932) In the Matter of the Application of JOSEPH CHIAVERINI, Respondent, for aPeremptory Order of Mandamus against EDWARD J. MURRAY, as Commissioner ofPublic Works of the City of Yonkers, New York, Appellant.Appellate Division of the Supreme Court of New York, Second Department. December, 1932.
Citator
UpLaw has not yet analyzed MATTER OF CHIAVERINI v. MURRAY, 237 App. Div. 856 (1932). The absence of a flag is not a finding that it is good law.
MATTER OF CHIAVERINI v. MURRAY,237 App. Div. 856(1932)
In the Matter of the Application of JOSEPH CHIAVERINI, Respondent, for a
Peremptory Order of Mandamus against EDWARD J. MURRAY, as Commissioner of
Public Works of the City of Yonkers, New York, Appellant.
Appellate Division of the Supreme Court of New York, Second Department.
Order granting peremptory mandamus order reversed on the law and the facts, without costs, and motion denied. The relator failed to show that he had been appointed in compliance with the requirements of the municipal civil service commission's rules; on the contrary, it affirmatively appears by the answering affidavit that there had been no such compliance on his part. Hence, he never had been legally appointed (Matter of Meehanv.Flaherty,119 App. Div. 128;Peoplev.Ingham, 107 id. 41), and even though the petitioner had served in the position to which he seeks reinstatement, that fact did not cure an illegal appointment. (People ex rel. Leev.Gleason,32 App. Div. 357. ) Lazansky, P.J., Kapper, Carswell, Scudder and Davis, JJ., concur.