Ainsberg v. McCoy

The issue is whether petitioners, seven clerks in the Supreme Court in Bronx County, are entitled to have their civil service titles converted from Court Clerk I to Court Clerk II on the ground that the reclassification under which they received their present titles ignored the equivalence of their prior duties to the present duties of the higher title. It is critical whether the prior duties performed had been lawfully performed. It is undisputed that if the prior duties had been unlawfully performed, that is, had been out-of-title, a reclassification on that basis would not be permissible.…