Matter of Loud v. . Ordway
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 26, 1916, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendants to admit relator to an examination for promotion to the position of assistant crier of the Supreme Court.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 26, 1916, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendants to admit relator to an examination for promotion to the position of assistant crier of the Supreme Court. The relator, an honorably discharged veteran of the Civil War, was appointed a clerk in the office of the commissioner of jurors of the city of New; York in September, 1895, and continuously served -in that capacity up to and including’ November 1st,…
1Opinion of the CourtHogan, J.
The sole question to be determined on this appeal is the power of the civil service commission to deny to the relator the right to take the examination by reason of. the fact that he is upwards of forty-five years of age. That relator was in the competitive class and held a position in the civil service is not questioned. His right to seek promotion is dependent upon a construction of section 21 of the Civil Service Law (Cons. Laws, ch, 7), which reads:
“§ 21. Preferences allowed honorably discharged soldiers, sailors and marines. In every public department and upon all public works of the…
2Cases cited3 opinions
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- Matter of KeymerNew York Court of Appeals · 1896
- People Ex Rel. Moriarty v. . CreelmanNew York Court of Appeals · 1912
3Cited by6 opinions
- Sullivan v. TaylorAppellate Division of the Supreme Court of the State of New York · 1955
- Ryan v. FineganNew York Supreme Court · 1937
- Gauthier v. RiceAppellate Division of the Supreme Court of the State of New York · 1936
- Hart v. KaplanNew York Supreme Court · 1961
- Fitzgerald v. ConwayAppellate Division of the Supreme Court of the State of New York · 1949
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