Matter of Simons v. . McGuire
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 23, 1911, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to place the position of probation officer for the Court of Special Sessions of the city of New York in the exempt class, and to certify the payroll of the petitioner for services rendered as such probation officer.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 23, 1911, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to place the position of probation officer for the Court of Special Sessions of the city of New York in the exempt class, and to certify the payroll of the petitioner for services rendered as such probation officer. The Constitution requires that all appointments and promotions in the civil service of the state, and of all the civil divisions thereof,…
1Opinion of the CourtWerner, J.
The Civil Service Law has been a prolific source of controversy and the subject of much judicial discussion. Its genesis and development are now familiar history. The principle which gave it birth is now imbed ded in our Constitution. Some of the earlier decisions which for a time stood as landmarks have been swept away hy later legislation, or supplanted by more recent judicial views based in part upon a gradual and systematic evolution of the statute and in part upon a better understanding of its practical workings. The trend of the earlier cases reached its logical culmination in People ex…
2Cases cited2 opinions
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- People Ex Rel. Sims v. . CollierNew York Court of Appeals · 1903
3Cited by28 opinions
- Grossman v. RankinNew York Court of Appeals · 1977
- People Ex Rel. Finnegan v. . McBrideNew York Court of Appeals · 1919
- Ottinger v. State Civil Service CommissionNew York Court of Appeals · 1925
- Slavin v. . McGuireNew York Court of Appeals · 1912
- Jersey City v. Dept. of Civil ServiceNew Jersey Superior Court Appellate Division · 1959
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