Matter of O'Brien v. . Ordway
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 14, 1916, which affirmed an order of Special Term granting a motion for a peremptory writ • of mandamus to compel the state civil service commission to classify the position of elevator operator in the Bronx county jail in the non-competitive class and to certify payrolls with the name of the sheriff’s appointee to said position thereon.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 14, 1916, which affirmed an order of Special Term granting a motion for a peremptory writ • of mandamus to compel the state civil service commission to classify the position of elevator operator in the Bronx county jail in the non-competitive class and to certify payrolls with the name of the sheriff’s appointee to said position thereon. The facts, so far as material, are stated in the opinion. The sheriff cannot, by imposing duties connected with the execution of civil process…
1Opinion of the Court
Willard Bartlett, Ch. J.
We agree with the learned judge who heard this application at Special Term that the papers show without substantial contradiction that the elevator operator employed by the sheriff in the Bronx county jail is required at times in the performance of his regular duties to have the sole custody of prisoners detained under civil process. This brings the case within the rule of Matter of Flaherty v. Milliken (193 N. Y. 564).
There is nothing to indicate that this employment of the elevator operator is for the purpose of evading the civil service laws. If the board of…
2Cases cited2 opinions
- Matter of Flaherty v. . MillikenNew York Court of Appeals · 1908
- Matter of Grifenhagen v. . OrdwayNew York Court of Appeals · 1916
3Cited by7 opinions
- Amico v. Erie County LegislatureAppellate Division of the Supreme Court of the State of New York · 1971
- Isereau v. StoneAppellate Division of the Supreme Court of the State of New York · 1957
- Reese v. LombardAppellate Division of the Supreme Court of the State of New York · 1977
- Beck v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1945
- Cady v. AndrewsNew York Supreme Court · 1981
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