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Matter of Senior

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1917
179 App. Div. 746 (N.Y. App. Div. 1917)

Opinion

October 25, 1917.

Edgar Hazleton, for the appellants.

George A. Green [ Lamar Hardy, Corporation Counsel, with him on the brief], for the respondents.


We think the application for the writ was properly denied. The ancient office of coroner, with the powers of subpœnaing witnesses, conducting inquests and issuing warrants of arrest, is terminated and abolished within the city of New York on January 1, 1918, under chapter 284 of the Laws of 1915. The office of chief medical examiner, created by further sections of this act, is in no respect identical with the office of coroner. The duties of coroner in civil matters under the provisions of title 3 of chapter 2 of the Code of Civil Procedure, are henceforward to be performed by the county clerk of the appropriate county within the city of New York. It is conceded that the Legislature had the power to abolish the office of coroner as not a constitutional office. Here, the abolition of the office is real and absolute, and no substantial part of its duties is transferred to the chief medical examiner. The office of coroner having been thus terminated, there is no vacancy to be filled at this election.

The order denying the writ of mandamus is affirmed, without costs.

JENKS, P.J., STAPLETON, PUTNAM and BLACKMAR, JJ., concurred.

Order denying writ of mandamus affirmed, without costs.


Summaries of

Matter of Senior

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1917
179 App. Div. 746 (N.Y. App. Div. 1917)
Case details for

Matter of Senior

Case Details

Full title:In the Matter of the Application of FRANK S. SENIOR and Another…

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

Date published: Oct 25, 1917

Citations

179 App. Div. 746 (N.Y. App. Div. 1917)
167 N.Y.S. 140