Summary
In People ex rel. Horvay v. Board of Education (164 App. Div. 930) we held a relator properly dismissed because it appeared that there was no work for him to do. It is, therefore, not on all fours with the present.
Summary of this case from People ex Rel. Kaufman v. Board of EducationOpinion
October, 1914.
Present — Ingraham, P.J., Clarke, Scott, Dowling and Hotchkiss, JJ.
It affirmatively appears that the relator was dismissed for lack of work and that no one was appointed in his place, and that his name was placed in the proper position upon the civil service list. It is clear that he has no right to be reinstated in a position in which there was no work for him to do. The order appealed from must, therefore, be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.