New York Court of Appeals

The People of the State of New York Ex Rel. William R. Fleming, Appellant v. William Dalton

February 28, 1899158 N.Y. 175

Summary

The Court held that the Greater New York charter does not create a separate civil service system, that Chapter 186 of the Laws of 1898 applies to the city and thereby requires written reasons and an opportunity to explain for removal of a competitive position, and consequently reversed the Appellate Division and affirmed the Special Term ordering the relator's reinstatement. Justice Gray dissented, arguing the 1898 act did not apply and the removal was valid.