Horvay ex rel. Horvay v. Board of Education

Appellate Division of the Supreme Court of New York

Horvay ex rel. Horvay v. Board of Education

149 N.Y.S. 558

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 30, 1914

DocketNo. 6314

StatusPublished

This text of 149 N.Y.S. 558 (Horvay ex rel. Horvay v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Horvay ex rel. Horvay v. Board of Education, 149 N.Y.S. 558 (N.Y. Ct. App. 1914).

Pincite

Opinion

PER CURIAM.

It affirmatively appears that the relator was dismissed for lack of work, and that no one was appointed in his place, [559]*559and that his name was placed in the proper position upon the civil service list. It is clear that he has no right to be reinstated in a position in which there was no work for him to do.

The order appealed from, must therefore be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.

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PER CURIAM.

It affirmatively appears that the relator was dismissed for lack of work, and that no one was appointed in his place, [559]*559and that his name was placed in the proper position upon the civil service list. It is clear that he has no right to be reinstated in a position in which there was no work for him to do.

The order appealed from, must therefore be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.

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Bluebook (online)

149 N.Y.S. 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horvay-ex-rel-horvay-v-board-of-education-nyappdiv-1914.