O'Day v. Yeager

I dissent and vote to affirm. I am unable to agree with the holding of the majority that petitioner, as clerk of the Surrogate’s Court of Brie County, was an “ independent officer ” rather than a “ subordinate employee ” and that, consequently, he is excluded from the protection from removal without charges or a hearing afforded to veterans in subordinate positions (Civil Service Law, § 22; Matter of Mylod v. Graves, 274 N. Y. 381; People ex rel. Jacobus v. Van Wyck, 157 N. Y. 495; People ex rel. Fonda v. Morton, 148 N. Y. 156).

We are all in agreement that if we were to decide that the post…