Blatz v. Esser
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Arthur C. Blatz, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 3d day of July, 1919, denying his motion for a peremptory writ of mandamus to compel his restoration to the position of attorney in the tax foreclosure department of the corporation counsel’s office of the city of Mount Vernon, N. Y. The respondent had appointed the petitioner on March…
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Appeal by the petitioner, Arthur C. Blatz, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 3d day of July, 1919, denying his motion for a peremptory writ of mandamus to compel his restoration to the position of attorney in the tax foreclosure department of the corporation counsel’s office of the city of Mount Vernon, N. Y. The respondent had appointed the petitioner on March 15, 1918, as an attorney in tax foreclosure proceedings, under an authority given by resolution of the common council on…
1Opinion of the Court
Putnam, J.:
The question if this position is, oris not, confidential, was for the State Civil Service Commission to decide. When it was placed in the competitive class by the local commission and approved by the State Civil Service Commission, such act bound the appointing officials of the city, until set aside by judicial action, or until by a reclassification of the. Civil Service Commission the position should be transferred to the exempt class. This court cannot hold as matter of law that Mr. Blatz’ duties could not properly come under the competitive class. Even if we might differ from…
2Cases cited3 opinions
- People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
- Breckenridge v. ScannellNew York Court of Appeals · 1899
- Matter of Simons v. . McGuireNew York Court of Appeals · 1912
3Cited by3 opinions
- Matter of Rooney v. RiceNew York Court of Appeals · 1937
- Schwab v. BowenNew York Supreme Court · 1975
- Hobbs v. HodgesCourt of Appeals of Maryland · 1939