People ex rel. Qua v. Gaffney
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendants, John E. Gaffney, as sewer, water and street commissioner, etc., and another, from an order of the Supreme Court, made at the Saratoga Special Temí and entered in the office of the clerk of the county of Saratoga on the 13th day' of October, 1910, granting a peremptory writ of mandamus.
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■ Appeal by the defendants, John E. Gaffney, as sewer, water and street commissioner, etc., and another, from an order of the Supreme Court, made at the Saratoga Special Temí and entered in the office of the clerk of the county of Saratoga on the 13th day' of October, 1910, granting a peremptory writ of mandamus. Upon the 25th day of June, 1910, a competitive examination was held under the authority and supervision of the State Civil Service Commission to determine the qualifications of candidates for the position of street superintendent of the village of Saratoga Springs. The relator and…
1Dissent
Smith, P. J. (dissenting):
In People ex rel. Killeen v. Angle (109 N.Y. 564) the question was presented whether a statute which provided for civil service examinations for the appointment to all State offices applied to the Superintendent of Public Works who was, by section 3 of article 5 of the Constitution of 1846, as amended in 1876, given the power to select and appoint his subordinates. It was there held that the right given to the Superintendent of Public Works by the Constitution was exclusive and could not be conditioned by any statute providing for the determination by a State Civil…
2Cases cited5 opinions
- Chittenden v. . WursterNew York Court of Appeals · 1897
- 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. Killeen v. . AngleNew York Court of Appeals · 1888
- People ex rel. Weintz v. BurchAppellate Division of the Supreme Court of the State of New York · 1903