General

In the Matter of the Application of Walter B. Fowler, Appellant, for an Order of Mandamus against Thomas W. Walsh, as Sheriff of the County of Schenectady, and Others, Respondents

245 A.D. 797·New York Supreme Court, Appellate Division·1935·NY

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Opinion

In the Matter of the Application of Walter B. Fowler, Appellant, for an Order of Mandamus against Thomas W. Walsh, as Sheriff of the County of Schenectady, and Others, Respondents. [MAJORITY] Appeal by a deputy sheriff of Schenectady county, who was appointed as “ utility man and deputy sheriff,” from an order refusing peremptory mandamus to compel the sheriff to restore the petitioner to his position to which another had been appointed on January 1, 1935. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.