Matter of Barthelmess v. . Cukor
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 3, 1920, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 3, 1920, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus. Article 5,. section 9, of the Constitution prohibits any preference in the matter of appointment or promotion in the civil service as the result of. competitive examination other than the specific preference given by this section of the Constitution to veterans of the Civil War. (Matter of Sweeley, 12 Misc. Rep. 174; 146 N. Y. 401; Matter of Keymer, 148 N. Y. 219; People ex…
1Opinion of the CourtCardozo, J.
By an amendment of the Military Law, adopted April 19, 1920 (L. 1920, ch. 282, amending Consol. Laws, ch. 36, sec. 245, subd. 7), the legislature has said that entrance into the military and naval service of the United States shall give a preference in promotion to officers and employees in the civil service of the state and of its civil subdivisions. “ Any person who while in the military or naval service took and passed such examination [i. e., an examination for promotion], or any person who took and passed such examination and thereafter entered the military or naval service of the United…
2Cases cited9 opinions
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- People Ex Rel. Sweet v. . LymanNew York Court of Appeals · 1898
- Matter of KeymerNew York Court of Appeals · 1896
- Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Matter of Andresen v. RiceNew York Court of Appeals · 1938
- City of New York v. City Civil Service CommissionNew York Court of Appeals · 1983
- Matter of Fink v. FineganNew York Court of Appeals · 1936
- Ricks v. Department of State Civil ServiceSupreme Court of Louisiana · 1942
- Sloat v. Board of Examiners of the Board of EducationNew York Court of Appeals · 1937
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