Fogarty v. Kern

In Matter of O’Callaghan v. Finegan (166 Misc. 556; affd., 276 N. Y. 587 [decided December, 1937]), an act of the Legislature providing that in grading examinations a higher rating should be given for experience in the administration of home relief gained as an employee in an equivalent position in a public welfare department or the emergency relief bureau than for experience gained in any other department or agency, public or private (Public Welfare Law, § 3-k), was held unconstitutional and void and the civil service commission was directed to refrain from giving a higher rating for…