People ex rel. Vicary v. Thurston

Order affirmed, with costs. Memorandum. The resolution of the common council of the city of Lockport creating the position in question fixed the duties of the incumbent. The appointee is given authority to investigate only, and not to decide who should or should not receive relief. Relator was an employee and not a public officer. (Matter of Goldschmidt v. Hardy, 177 App. Div. 547; affd., 223 N. Y. 575; La Chicotte v. City of New York, 166 App. Div. 279.) The moving papers show that the position was put in the competitive class, and that the relator successfully passed the required…