People ex rel. Kennedy v. Feldman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants in each case, Charles L. Feldman and others, constituting the municipal civil service commission of the city of Buffalo, from orders of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 16th and 17th days of May, 1917, granting the motions of the respective relators for peremptory writs of mandamus requiring the appellants immediately to accept the applications of said relators for…
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Appeal by the defendants in each case, Charles L. Feldman and others, constituting the municipal civil service commission of the city of Buffalo, from orders of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 16th and 17th days of May, 1917, granting the motions of the respective relators for peremptory writs of mandamus requiring the appellants immediately to accept the applications of said relators for civil service examinations for promotion to the offices of captain and lieutenant in the police force of said city.
1Opinion of the Court
Kruse, P. J.:
I think the commission was authorized to adopt the provision contained in subdivision 4 of rule 29 of the Buffalo municipal civil service rules, adopted in February, 1917, which requires as a condition of eligibility to enter a promotional examination, that the person desiring promotion must have been continuously employed for a specified period (in the police department twelve months) immediately preceding such examination, in a next lower position, the duties of which are such as would naturally and properly tend to fit him for the duties of the position to which he seeks…
2Cases cited1 opinion
- In re RickettsAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- State Ex Rel. Kos v. AdamsonSupreme Court of Minnesota · 1948
- Jacob v. SchechterNew York Supreme Court · 1959