Conway v. McElligott

The respondent seeks to justify his action in attempting to revoke the promotion of the petitioner on two grounds: (1) That under the provisions of section 6 of article 5 of the Constitution of the State of New York a disabled veteran is entitled to preference in promotion only upon his first promotion in rank or grade after induction into the civil service of the city or State, and (2) that by failing to claim a preference in promotion to the position of lieutenant of the fire department at the time his name appeared on the promotion • list for said position the petitioner waived any right…