Legal Opinion

People ex rel. Mack v. Burt

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 2 opinions

Certiorari issued out of the Supreme Court and attested on the 22d day of May, 1900, directed to Silas W. Burt and others, as Civil Service Commissioners of the State of Hew York, constituting the State Civil Service Commission of said State, and to Charles H. Knox and others, as municipal civil service commissioners of the city of Hew York, constituting the municipal civil service commission of said city, commanding them to certify and return to the office of the clerk of…

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Certiorari issued out of the Supreme Court and attested on the 22d day of May, 1900, directed to Silas W. Burt and others, as Civil Service Commissioners of the State of Hew York, constituting the State Civil Service Commission of said State, and to Charles H. Knox and others, as municipal civil service commissioners of the city of Hew York, constituting the municipal civil service commission of said city, commanding them to certify and return to the office of the clerk of the county of New York all and singular their proceedings in relation to classifying a new position in the health…

1Opinion of the Court

Ingraham, J.:

This proceeding was instituted by a taxpayer to review the action; of the municipal civil service commissioners in including in Schedule-B of the classification of positions in the department of health a position of anti-toxin accountant, which act of the municipal civil service commissioners was subsequently approved by the State Civil Service Commissioners. The municipal civil service commissioners acted under section 10 of chapter 370 of the Laws of 1899, which provides that “ The mayor of each city in this State shall appoint, and employ suitable persons to prescribe, amend…

2Cases cited1 opinion

  1. People Ex Rel. Corwin v. . WalterNew York Court of Appeals · 1877

3Cited by2 opinions

  1. People ex rel. McNulty v. MaxwellAppellate Division of the Supreme Court of the State of New York · 1908
  2. People ex rel. Coit v. WheelerNew York Supreme Court · 1902

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