New York Court of Appeals

In the Matter of the Application of Otto Stutzbach, Respondent, for a Writ of Mandamas Against Bird S. Coler, as…

November 12, 1901168 N.Y. 416

Summary

The New York Court of Appeals affirmed the Appellate Division's order reinstating Otto Stutzbach, a veteran employee, finding his dismissal without charges, notice, or a hearing violated sections 20 and 21 of the Civil Service Law. The court held that the legislature may lawfully extend veteran preferences beyond the constitutional provision, and that the statutory removal protections were not complied with.