In the Matter of the Application of Robert A. Breckenridge, Appellant, for a Writ of Mandamus Against John J…

Summary

The New York Court of Appeals affirmed the lower courts' denial of a peremptory writ of mandamus, holding that the veteran appellant was not entitled to be transferred because the statutory scheme requires a vacant position, which did not exist, and the appellant failed to prove such a vacancy. Justice Bartlett dissented, arguing that the statute mandates transfer regardless of vacancy and that the discharge was illegal.