Kinsella v. Kern

The reclassification of the positions by the civil service commission could not validly effect the removal of the then incumbents, and the latter could retain their positions without the necessity of taking any examination, competitive or qualifying. In Matter of Sandford v. Finegan (276 N. Y. 70) the Court of Appeals, in discussing the rights of a person occupying a position with no definite tenure, said (p. 73): “ He would be continued in the position without taking an examination after the position had been placed in the competitive class (Matter of Fornara v. Schroeder, 261 N. Y. 363).…