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Civil Service Law (L. 1899, ch. 370), 8.21. a street sweeper is assigned to duty as an assistant section foreman in the department of street cleaning, it does not necessarily amount to an appointment to a distinct position in the department. Such assignment may be revoked at any time in the discretion of the commissioner of street cleaning. The fact that the person so assigned was a veteran is not material. Matter of Leach v. Woodbury, 75 App. Div. 503, 78 N. Y. Supp. 362.
Removal of inspector in department of public buildings in New York city. The superintendent of the department of buildings in the city of New York cannot remove an honorably discharged soldier or sailor from the position of inspector except as provided for in the above section. The provisions of section 646 of the Greater New York charter conferring upon the commissioner of public buildings all the powers, rights and duties formerly possessed by, the department of buildings or the super. intendent of buildings does not affect the provisions of the above section relating to the removal of veterans, since the power formerly possessed by the superintendent of buildings was subject to a similar restriction imposed by chapter 21 of the Laws of 1896. People ex rel. Thain v. Constable, 65 App. Div 176, 72 N. Y. Supp. 535.
Removal of deputy tax commissioner. The office of deputy tax commissioner in the city of New York is excepted in this section by the provision that “nothing in this section shall be construed to apply to the position of private secretary, cashier or deputy of any official or department.” People ex rel. Ryan v. Wells, 176 N. Y. 462, rev'g 86 N. Y. Supp. 220.
Sergeants-at-arms in common council of city of New York.-- A veteran soldier, who was an assistant sergeant-at-arms to the council of the city of New York when the council was abolished and its powers and duties imposed upon the board of aldermen, cannot compel by mandamus the board of aldermen to elect him to the position of assistant sergeant-at-arms to that body, under the statute giving preference to veteran soldiers. The board of aldermen is a legislative body with power to elect its own officers and attendants untrammeled by any of the restrictions contained in the civil service law, or any other statute in regard to appointments. Matter of Shaughnessy v. Fornes, 172 N. Y. 323, affirming, 73 App. Div, 462, 77 N. Y. Supp. 223.
Veteran volunteer firemen; constitutionality.- The provisions of the above section apply to a member of an incorporated fire company which is not officially connected with the municipality, but the object of which is to render public service in the extinguishment of fires. The provision for removal from a position of one who is a veteran volunteer fireman only after a hearing which is not necessary in the case of one not a veteran, does not contravene the fourteenth amendment of the United States Constitution, prohibiting the denial of the equal protection of the laws. People ex rel. Kenny v. Folks, 89. App. Div. 171, 85 N.:Y. Supp. 1100.
Removal of volunteer firemen for lack of work.- A bridge tender who was discharged for lack of work caused by the taking down of the bridge upon which he was employed for the purpose of constructing a new one
Civil Service Law (L. 1899, ch. 370), S 27.
in the place thereof, is not entitled to a writ of mandamus compelling the commissioner of bridges to reinstate him, or to transfer him to another branch of the civil service of the city, 'upon the ground that he is an honorably discharged volunteer fireman. People ex rel. Chappel v: Lindenthal, 173 N. Y. 524, rev'g 79 App. Div. 43, 79 N. Y. Supp. 828.
Exempt freman occupying contractual relation.— An honorably discharged exempt fireman, engaged by the department of public works in the city of New York to furnish a horse and wagon to such city and to drive the same for a certain sum per day, ocupies a contractual relation to the city and is not a “person holding a position by appointment or employment," within the meaning of the above section. People ex rel. Seib v. Redfield, 86 App. Div. 367, 83 N. Y. Supp. 873.
The position of deputy collector of assessments and arrears for the borough of Brooklyn is within the exception provided in the above section to the effect that nothing therein shall apply “to the position of private secretary or deputy of any official or department.” The rights of a veteran holding such a position are not within the provisions of L. 1901, ch. 533 (C. & G. General Laws, p. 769). People ex rel. O'Keeffe v. McFadden, 75 App. Div. 264, 78 N. Y. Supp. 87.
A regular clerk in the fire department of the city of New York who is a veteran volunteer fireman of such city, cannot be summarily discharged if it appears that persons neither veterans nor honorably discharged firemen are retained in the department doing the same work or work similar to that which he has been doing. People ex rel. Wanzor v. Sturgis, 38 Misc. 433, 77 N. Y. Supp. 1008.
Village pound master and janitor.- Where a village charter provides for the appointment of a pound master and the trustees confer upon him the duties of a janitor of village buildings, and appoint a veteran to fill the office, such appointee is not an employe of the village who can only be removed under th above section of the civil service law upon charges made and a trial had after notice. People ex rel. Curran v. Trustees, 61 App. Div. 71, 70 N. Y. Supp. 21.
$. 27. Taxpayer's action. (C. & G. Gen. Laws, p. 766.) Action to restrain payment of salaries to public officers.- An action will not lie under this section to restrain the payment of salaries to public officers holding presumptively valid appointments in the civil service upon the ground, that although the appointments are valid in form, they are invalid in fact. Greene v. Knox, 175 N. Y. 432, affirming, 76 App. Div. 405, 78 N. Y. Supp. 779.
(2) Removal or suspension of veterans. L. 1901, ch. 533, § 2 (C. & G. Gen. Laws, p. 769), was amended by L. 1904, ch. 637, in effect May 9, 1904, as follows:
§ 2. Any honorably discharged soldier, sailor or marine, who having served as such in the Union army or navy during the war
Ninth district, L. 1902, ch. 298.
of the rebellion, shall in contravention or violation of any provision of section twenty-one of the civil service law have been, or may hereafter be removed from any position held by him by appointment or employment in the state of New York or in the several cities, counties, towns or villages thereof and who shall have been restored to such position or employment either by a peremptory writ of mandamus of the supreme court or by final order on a writ of certiorari, as authorized by said section twenty-one, shall be entitled to receive and shall receive from said state or the city, county, town or village thereof under which said position or employment was held by him, the same compensation therefor from the date of such unlawful removal to the date of his said restoration to said position or employment which he would have been entitled by law to have received in such position or employment but for such unlawful removal, and such veteran shall be entitled to a writ of mandamus to enforce the payment thereof, and such compensation or salary or wages, due in such position or employment shall be subject to the provisions of section sixtysix of the code of civil procedure for services rendered in either or both said special proceedings but otherwise shall be paid only directly to such veteran.
Application of act.— The above act does not modify, abrogate or change the provisions of section 21 of the Civil Service Law (C. & G.'s General Laws, p. 761), so far as the same relate to the exceptions there included as to the appointment or removal of deputies or of persons occupying confidential positions. People ex rel. O'Keeffe v. McFadden, 75 App. Div. 264, 78 N. Y. Supp. 87.
COMMISSIONERS OF DEEDS.
See Executive Law and State Officers.
CONCENTRATED FEEDING STUFFS.
L. 1901, ch. 591, paragraph describing the ninth district. (See C. & G.'s General Laws, etc., p. 782), amended by L. 1902, ch. 298, to take effect April 22, 1902, to read as follows:
Ninth district, L. 1902, ch. 298.
Ninth district. That portion of the second assembly district of the county of New York, bounded on the north by Division street from Catherine street to Market street; on the south by Monroe street from Catherine street to Market street; on the east by Market street from Division street to Monroe street; on the west by Catherine street from Division street to Monroe street; that portion of the fourth assembly district of the county of New York, bounded on the north by Division street from Market street to Montgomery street; on the south by the East river, from Market slip to Clinton street; on the east by Montgomery street from Division street to Henry street, to the southwest corner of Henry street and Montgomery street, running diagonally through the middle of said block, to the northeast corner of Madison street and Clinton street, south to Clinton street and the East river, on the west by Market street from Division street to Monroe street, east to Mechanic alley west to Market slip and south to the East river; that portion of the eighth assembly district of the county of New York bounded as follows: on the north by Stanton street from Chrystie street to Ludlow street; on the south by Division street from Chrystie street to Norfolk street; on the east by Ludlow street from Stanton street to Broome street, east to Norfolk street, Norfolk street from Broome street to Division street; on the west by Chrystie street from Stanton street to Division street; that portion of the tenth assembly district of the county of New York, bounded on the north by Stanton street from Ludlow street to Clinton street; on the south by Broome street from Ludlow street to Norfolk street, north to Rivington street, east to Clinton street, on the east by Clinton street from Stanton street to Rivington street, west to Norfolk street, south to Broome street; on the west by Ludlow street from Stanton street to Broome street; that portion of the twelfth assembly district of the county of New York, bounded on the north by Rivington street, from Norfolk street to Cannon street, on the south by Division street, from Norfolk street to Pitt street, north to Grand street, east to Sheriff street, north to Broome street, east to Cannon street; on the east by Cannon street, from Rivington street to Broome 'street; on the west by Norfolk street, from Rivington street to Division street; that portion of the sixteenth assembly district of the county of New York, bounded on the north by Stanton street, from Clinton street to Cannon street; on the south by Rivington street, from Clinton street to Cannon street; on the east by Cannon street, from Stanton State college of agriculture (L. 1904, ch: 655), $ 1. street to Rivington street; on the west by Clinton street, from Stanton street to Rivington street, shall compose the ninth district. The boundaries of said ninth district are as follows: Beginning at the East river and Market slip, north to Cherry street, east to Mechanic alley, north to Monroe street, west to Catherine street, north to Division street, east to Chrystie street, north to Stanton street, east to Cannon street, south to Broome street, west to Sheriff street, south to Grand street, west to Pitt street, south to Division street, to Montgomery street, south to southwest corner of Henry and Montgomery street, diagonally through the middle of said block to the northeast corner of Madison street and Clinton street, south to South street at East river, thence along the East river to the point or place of beginning. (Amended by L. 1902, ch. 298, in effect April 22, 1902.)
CONSOLIDATED SCHOOL LAW.
CORNELL UNIVERSITY. L. 1904, ch. 655. An act to establish a state college of agriculture at
Cornell University and making an appropriation therefor. (In effect May 9, 1904.)
$ 1. Appropriation; establishment; acquisition of site; control. For the purpose of constructing and equipping a suitable building or buildings for a state college of agriculture at Cornell university upon the grounds of said university at Ithaca, New York, to enable it to carry on efficiently the work of instruction and investigation in agriculture for the state, the sum of two hundred and fifty thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury, not otherwise appropriated, only one hundred thousand dollars of which shall be available during the year nineteen hundred and four. Said buildings shall be known as the New York state college of agriculture at Cornell university and such buildings and equipment shall be and remain the property of the state. The buildings constructed shall include a principal building costing not more than one hundred and twenty-five thousand dollars, a hall for agricultural machinery, a stock judging pavilion and a horticultural building. Not more than fifty thousand dollars of said appropriation shall be used under the provisions of this act for the