Kenavan v. McCoy

This is an article 78 proceeding commenced by petitioners to review the assignment of administrative personnel to positions in legal service as Clerks of court. Petitioners urge that this difference in their assignment conflicts with the expressed restriction of section 61 of the Civil Service Law and violates the clear intendment of the statute. The pertinent language of this section provides: “ 2. Prohibition against out-of-title work, No person shall be appointed, promoted or *641employed under any title not appropriate to the duties to be performed and, except upon assignment by proper…