Barthelmess v. Cukor
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, Charles Barthelmess and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of June, 1920, denying their motion brought on an order to show cause dated May nineteenth and returnable May twentieth to have the respondents, constituting the municipal civil service commission of New York city, recall and annul a certification of the name of George…
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Appeal by the petitioners, Charles Barthelmess and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of June, 1920, denying their motion brought on an order to show cause dated May nineteenth and returnable May twentieth to have the respondents, constituting the municipal civil service commission of New York city, recall and annul a certification of the name of George W. Cook to the police commissioner as eligible for promotion to fill a vacancy in the rank and grade of police sergeant…
1Opinion of the Court
Laughlin, J.:
The only point argued or claimed to be presented by the appeal is whether it was competent for the Legislature to *361grant a preference in promotion and appointment to those on the eligible list for promotion to the rank and grade of sergeant who entered the military or naval service of the United States during the World War; and the precise. application of the point is with respect to the constitutionality of subdivision 7 of section 245 of the Military Law, as amended by chapter 282 of the Laws of 1920. That statute, so far as here material, provides in effect that any State or…
2Cases cited30 opinions
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- People Ex Rel. McClelland v. . RobertsNew York Court of Appeals · 1896
- People Ex Rel. Sweet v. . LymanNew York Court of Appeals · 1898
- Shaw v. City CouncilSupreme Court of Iowa · 1905
- Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1896
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3Cited by1 opinion
- Fristam v. City of SheridanWyoming Supreme Court · 1949