Legal Opinion
Firshein v. Reavy
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 1942PublishedCited by 8 opinions
1Opinion of the CourtSchenck, J.
This court may not conduct or supervise civil service examinations nor review them, the official acts of the Civil Service Commission not being judicial, but rather executive, ministerial and administrative. (People ex rel. Caridi v. Creelman, 150 App. Div. 746; People ex rel. Schau v. McWilliams, 185 N. Y. 92.)
The appellant here asks for an order pursuant to article 78 of the Civil Practice Act directing respondents to nullify and cancel the examination held on November 16, 1940, for the position of unemployment insurance referee, declaring null and void the said examination, restraining the…
2Cases cited5 opinions
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- Matter of Cowen v. ReavyNew York Court of Appeals · 1940
- People Ex Rel. Moriarty v. . CreelmanNew York Court of Appeals · 1912
- People ex rel. Caridi v. CreelmanAppellate Division of the Supreme Court of the State of New York · 1912
- Davis v. WienerAppellate Division of the Supreme Court of the State of New York · 1940
3Cited by8 opinions
- Pearl v. New York State Department of Civil ServiceNew York Supreme Court · 1957
- Dixon v. BahouAppellate Division of the Supreme Court of the State of New York · 1979
- State Bank v. BellNew York Supreme Court · 1949
- Furman v. MarshNew York Supreme Court · 1945
- Gollin v. WatsonNew York Supreme Court · 1951
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