In re Phillips
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles F. Milliken and others, as Civil Service Commissioners, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 8th day of April,.1910, granting a. peremptory writ of mandamus directing them to certify the compensation of the relator as physician to the county jail of Kings county.
1Opinion of the Court
Smith, P. J. :
The Civil Service Commission has refused to certify the payroll of the sheriff’s office of the county of Kings as far as it includes an item for the compensation of the relator as physician to the county jail of Kings county, from the 5th day of February, 190.8, to and including the 31st day of December, 1909, upon the ground that this office was within the classified service under the Civil. Service Law and not exempt, and that the relator’s appointment was not in accordance with the requirements of that law.
*366By section 9 of article 5 of onr Constitution it is provided:…
2Cited by7 opinions
- Berg v. GerberAppellate Division of the Supreme Court of the State of New York · 1977
- O'Keefe v. ClarkAppellate Division of the Supreme Court of the State of New York · 1933
- Holz v. KowalAppellate Division of the Supreme Court of the State of New York · 1967
- Stowe v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1932
- Jacobs v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1932
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