Appellate Division of the Supreme Court of New York, 1914

People ex rel. Mulhern v. Independent Dock Builders' Benevolent Union

People ex rel. Mulhern v. Independent Dock Builders' Benevolent Union
Appellate Division of the Supreme Court of New York · Decided November 6, 1914 · Clarke
149 N.Y.S. 774; 164 A.D. 271 (New York Supplement)

Counsel

Benjamin W. Moore, of New York City, for appellant., John J. O’Connor, of New York City, for respondent.

People ex rel. Mulhern v. Independent Dock Builders' Benevolent Union

Opinion of the Court

CLARKE, J.

The facts are similar to those in People ex rel. Helmstrom, 149 N. Y. Snpp. 771, handed down herewith; relator having been included in the same charges and tried at the same lime as Helmstrom. Without passing upon the question, as to this relator, whether the charges were substantial, and whether there was any evidence to sustain them, for the reasons there set forth, the order appealed from should be reversed, with §10 costs and disbursements, and the motion for a peremptory writ of mandamus requiring his reinstatement granted, with §10 costs. All concur.

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