Story v. . Craig
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 16, 1920, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 16, 1920, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. Even in the absence of formal classification by the civil service commission, the position of assistant ch'ief examiner was created and duly existed pursuant to section 123 of the charter and was deemed to be in the competitive class. (L. 1899, ch. 370, § 13; L. 1911, ch. 547; People ex rel. Boyd v. Hertle, 46 App. Div. 505; People ex rel.…
1Opinion of the CourtCardozo, J.
The plaintiff, a taxpayer, complains that positions in the civil service have been illegally filled, and that the incumbents, being there without title, are paid without right. The judgment under review upholds the complaint and adjudges the intrusion. Payment of salaries and certification of payrolls have accordingly been restrained as acts of threatened waste.
The charter of the city of New York (section 123) empowers the municipal civil service commission, within the limit of appropriations, to appoint a secretary, examiners, “ and such other subordinates as may be necessary.” In 1904 the…
2Cases cited5 opinions
- City of New York v. New York City Railway Co.New York Court of Appeals · 1908
- Grimmer v. . the Tenement House Dept. of the City of N.Y.New York Court of Appeals · 1912
- People Ex Rel. Sims v. . CollierNew York Court of Appeals · 1903
- People Ex Rel. Fowler v. . MoskowitzNew York Court of Appeals · 1917
- Wintersteen v. . City of New YorkNew York Court of Appeals · 1917
3Cited by19 opinions
- Roman v. LobeNew York Court of Appeals · 1926
- Lewis v. Board of EducationNew York Supreme Court · 1935
- Matter of Carr v. KernNew York Court of Appeals · 1938
- Mendelson v. FineganNew York Supreme Court · 1937
- Matter of Larocca v. FlynnNew York Court of Appeals · 1931
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