From Casetext: Smarter Legal Research

Matter of Carroll v. Huckle

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1948
274 App. Div. 1024 (N.Y. App. Div. 1948)

Opinion

December 29, 1948.

Present — Taylor, P.J., Larkin, Love, Vaughan and Kimball, JJ.


Determination of the respondent, Clarence Huckle, Wayne County Clerk, annulled, with $50 costs and disbursements to petitioner, and proceeding remitted to said clerk to make findings of fact in support of whatever determination he may reach upon the evidence on each of the specifications set forth in the charges, with leave to petitioner to introduce further evidence upon another hearing, if another hearing be had. Memorandum: The determination of respondent that the charges preferred against petitioner have "in the main" been established, is meaningless, and wholly fails to advise the court what charges have been established and sustained. Such failure prevents intelligent judicial review. All concur. (Proceeding to annul the determination of the Wayne County Clerk in the dismissal of petitioner from his position as court clerk, and to restore him to his position.)


Summaries of

Matter of Carroll v. Huckle

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1948
274 App. Div. 1024 (N.Y. App. Div. 1948)
Case details for

Matter of Carroll v. Huckle

Case Details

Full title:In the Matter of JOHN F. CARROLL, Petitioner, against CLARENCE HUCKLE, as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 29, 1948

Citations

274 App. Div. 1024 (N.Y. App. Div. 1948)

Citing Cases

Matter of Pasch v. Gerosa

( Matter of Moudis v. Macduff, 286 App. Div. 485, 486 [1st Dept., 1955].) See, generally, on the subject of…

Di Orio v. Murphy

Determinations subject to judicial review must be based on findings which are sufficient to inform the court…