Dellecese v. Burke

The petitioners bring this article 78 proceeding to annul as arbitrary and capricious the action of the respondents, the Civil Service Commission of the City of Utica, New York, in placing the petitioners’ Department of Assessment and Taxation in the competitive class of the classified service.

Local Law No. 5 of 1963 of the City of Utica, County of Oneida, State of New York, created the office of Commissioner *573of Assessment. Section 4 of said local law sets forth the Commissioner’s term of office and the qualification guidelines which the Mayor is required to apply in making an appointment…