Saratoga Springs Municipal Civil Service Commission v. New York State Civil Service Commission

The Legislature by section 20 of the Civil Service Law has given petitioner rule-making powers subject to approval by the respondent. In this proceeding under article 78 of the CPLR the petitioner seeks to force respondent to approve a rule establishing the jurisdictional classification of one of its officers (the position of City Engineer) as noncompetitive. Respondent argues that its refusal to approve petitioner’s classification resolution was proper and reasonable and that in any event petitioner has no standing to complain as a party in this special proceeding.

Respondent cites cases in…