Penny v. Kirk

Appellate Division of the Supreme Court of New York

Penny v. Kirk

260 A.D. 886, 22 N.Y.S.2d 996, 1940 N.Y. App. Div. LEXIS 5227

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

DecidedOctober 28, 1940

StatusPublished

This text of 260 A.D. 886 (Penny v. Kirk) 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

Penny v. Kirk, 260 A.D. 886, 22 N.Y.S.2d 996, 1940 N.Y. App. Div. LEXIS 5227 (N.Y. Ct. App. 1940).

Pincite

Opinion

Proceeding instituted by petitioner, an exempt volunteer fireman, pursuant to section 22 of the Civil Service Law, for an order directing his reinstatement to the position of clerk in the office of the treasurer of the county of Suffolk, from which position he had been discharged summarily. Order denying appellant’s application unanimously affirmed, with ten dollars costs and disbursements. The undisputed facts, in the light of the applicable law, lead to the conclusion that the petitioner was subject to summary discharge by the respondent, the present incumbent of the office of county treasurer. Present — Lazansky, P. J., Bagarty, Carswell, Adel and Taylor, JJ.

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Proceeding instituted by petitioner, an exempt volunteer fireman, pursuant to section 22 of the Civil Service Law, for an order directing his reinstatement to the position of clerk in the office of the treasurer of the county of Suffolk, from which position he had been discharged summarily. Order denying appellant’s application unanimously affirmed, with ten dollars costs and disbursements. The undisputed facts, in the light of the applicable law, lead to the conclusion that the petitioner was subject to summary discharge by the respondent, the present incumbent of the office of county treasurer. Present — Lazansky, P. J., Bagarty, Carswell, Adel and Taylor, JJ.

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Bluebook (online)

260 A.D. 886, 22 N.Y.S.2d 996, 1940 N.Y. App. Div. LEXIS 5227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penny-v-kirk-nyappdiv-1940.