People ex rel. Donlon v. Wurster

New York Supreme Court

People ex rel. Donlon v. Wurster

35 N.Y.S. 90, 96 N.Y. Sup. Ct. 605, 69 N.Y. St. Rep. 447

DecidedJuly 26, 1895

StatusPublished

This text of 35 N.Y.S. 90 (People ex rel. Donlon v. Wurster) 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.

Bluebook

People ex rel. Donlon v. Wurster, 35 N.Y.S. 90, 96 N.Y. Sup. Ct. 605, 69 N.Y. St. Rep. 447 (N.Y. Super. Ct. 1895).

Pincite

Opinion

PRATT, J.

Whatever may have been the status of the relator prior to January 10,1893, it appears in the record of the fire department that upon that day he resigned, and that upon the next day he was appointed as a coal passer. This is a position as laborer, and is not within the class of persons under the statute entitled to trial before they can be discharged. It also appears upon the minutes of the fire department that his original appointment was “temporarily as a laborer” in the department. I therefore find he was not at any time a member of the force for extinguishing fires.

Writ quashed, without costs. All concur.

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PRATT, J.

Whatever may have been the status of the relator prior to January 10,1893, it appears in the record of the fire department that upon that day he resigned, and that upon the next day he was appointed as a coal passer. This is a position as laborer, and is not within the class of persons under the statute entitled to trial before they can be discharged. It also appears upon the minutes of the fire department that his original appointment was “temporarily as a laborer” in the department. I therefore find he was not at any time a member of the force for extinguishing fires.

Writ quashed, without costs. All concur.

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Bluebook (online)

35 N.Y.S. 90, 96 N.Y. Sup. Ct. 605, 69 N.Y. St. Rep. 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-donlon-v-wurster-nysupct-1895.