Pielsticker v. Hockert

Appellate Division of the Supreme Court of New York

Pielsticker v. Hockert

245 A.D. 834

Appellate Division of the Supreme Court of the State of New York·Decided July 15, 1935·Published

Opinion

In a certiorari proceeding to review the determination of the county clerk of Queens county in dismissing the petitioner from his position as a laborer in the county clerk’s office, determination of the county clerk annulled, certiorari order sustained and the county clerk directed to reinstate relator in his former position as a laborer, with fifty dollars costs and disbursements to the petitioner. In our opinion, the respondent failed to sustain the burden upon him of proving the charges against the petitioner by a preponderance of evidence. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.

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In a certiorari proceeding to review the determination of the county clerk of Queens county in dismissing the petitioner from his position as a laborer in the county clerk’s office, determination of the county clerk annulled, certiorari order sustained and the county clerk directed to reinstate relator in his former position as a laborer, with fifty dollars costs and disbursements to the petitioner. In our opinion, the respondent failed to sustain the burden upon him of proving the charges against the petitioner by a preponderance of evidence. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.

Pielsticker v. Hockert, 245 A.D. 834 (N.Y. Ct. App. 1935).

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245 A.D. 834 (Pielsticker v. Hockert) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.