Claim of Kelly v. Commissioner of Records

— Claimant was a general clerk in the office of the commissioner of records, Surrogate’s Court, New York county. He was appointed by the commissioner from the State civil service list. The commissioner is appointed by the surrogate. (Laws of 1911, chap. 534.) Claimant while walking through an aisle cut his thumb upon the edge of a metal filing case, from which infection developed in the thumb, index and middle fingers of the right hand, for which an award has been made against the State. The appellant argues that the award should be against the city of New York, which pays his salary. His…