The People of the State of New York Ex Rel. Elbert T. Davison, Respondent v. William Williams, as Commissioner of…

Summary

The New York Court of Appeals affirmed the order granting a peremptory writ of mandamus reinstating a volunteer fireman who had been removed from his laborer position due to budget cuts. The Court held that section 22 of the Civil Service Law requires the commissioner to transfer a volunteer fireman to any available position when his former position is abolished, and that when new laborer positions are created simultaneously, the fireman is entitled to preference for one of those positions.