Burke v. Holtzmann
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the plaintiff, Benjamin F. Burke, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Schenectady on the 15th day of August, 1905, upon the dismissal of the complaint by direction of the court after a trial at the Schenectady Trial Term.
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■ Appeal by the plaintiff, Benjamin F. Burke, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Schenectady on the 15th day of August, 1905, upon the dismissal of the complaint by direction of the court after a trial at the Schenectady Trial Term. This action is brought, under section 20 of the Civil Service Law (Laws; of 1899, chap. 370, as amd. by Laws of 1902, chap. 270). The plaintiff was a veteran of the Civil war. In January, 1904, he made application to the secretary of the municipal civil service commission of the city…
1Opinion of the Court
Smith, J.:
By section 9 of article 5 of the Constitution it is provided' that appointments and promotions in the civil service of the State and of- all civil divisions thereof shall be made according to merit and fitness, to be ascertained so far as practicable by examinations . The Civil Service Law (Laws of 1899, chap. 370, as amd. by Laws of 1902, chap. 270) provides for a division of the civil service into unclassified and classified service. Section 10 of said statute (as amd. by Laws of 1900, chap. 675) provides for the appointment of municipal civil service commissioners to prescribe,…
2Cases cited4 opinions
- People ex rel. Mullen v. SheffieldAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Beck v. Board of AldermenNew York Supreme Court · 1896
- People ex rel. Van Petten v. CobbAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Hamilton v. StrattonAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by5 opinions
- Lazenby v. Municipal Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 1906
- In re LazenbyAppellate Division of the Supreme Court of the State of New York · 1906
- Manko v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1946
- Murray v. McNamaraNew York Court of Appeals · 1951
- People ex rel. Finnegan v. McBrideAppellate Division of the Supreme Court of the State of New York · 1918