Mullane v. McKenzie
This text of 153 Misc. 255 (Mullane v. McKenzie) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It appears without contradiction that Carroll was separated from, the competitive civil service for a period of almost four years. Under these circumstances his date of original appointment in the service must be deemed to be November 8, 1929. (Matter of O’Dea v. Delaney, 241 App. Div. 844; Matter of Weiher v. Greene, 239 id. 652.) (See, also, Koso v. Greene, 260 N. Y. 491.) The petitioner Mullane was accordingly entitled to be retained in the service in preference to Carroll. This motion for a peremptory order of mandamus is granted. Settle order.
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Cite This Page — Counsel Stack
153 Misc. 255, 275 N.Y.S. 262, 1934 N.Y. Misc. LEXIS 1781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mullane-v-mckenzie-nysupct-1934.