Gianatasio v. Kaplan

It was stipulated on the argument of the motion for mandamus herein that the sole question involved was whether or not the amendment to article 5, section 6, of our State Constitution, approved by the People at the general election of November 5, 1929, and the legislation adopted pursuant thereto (Laws of 1930, chap. 374, amdg. Civil Service Law, § 21), which amendment and statute provide preference in civil service to disabled war veterans, violate section 1 of the Fourteenth Amendment of the United States Constitution.

The precise claim of the petitioner is that the new veterans preference…