Quirino v. Dempsey
This text of 252 A.D. 793 (Quirino v. Dempsey) 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.
Opinion
Alternative order of mandamus, directing the appellant, as sheriff of Richmond county, to restore the respondent to his former position of prison guard or to make a return to said order and petition pursuant to article 79 of the Civil Practice Act, reversed on the law and the facts, without costs, and the application denied, without costs. Section 22 of the Civil Service Law affords no protection [794]*794to the petitioner. Prison guards are the agents of the sheriff and subject to summary removal. (Matter of Flaherty v. Milliken, 193 N. Y. 564; Matter of Grifenhagen v. Ordway, 218 id. 451; Matter of O’Brien v. Ordway, Id. 509.) Hagarty, Davis, Johnston, Taylor and Close, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
252 A.D. 793, 299 N.Y.S. 392, 1937 N.Y. App. Div. LEXIS 6315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quirino-v-dempsey-nyappdiv-1937.