Kelty v. Kaplan

Kelby, J.:

This is a taxpayer’s action which seeks to enjoin the defendants, as members of the municipal civil service commission of the city of New York, from holding an examination looking to the filling of the position of assistant court clerk, grade 3, of the Municipal Court of the City of New York. It is brought under section 51 of the General Municipal Law.

The plaintiff is, and for some years past has been, an attendant of the Municipal Court, in the borough of Brooklyn, and is assigned to the sixth district. The defendants, as members of the civil service commission, have caused to…