O'Malley v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Francis J. O’Malley, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 24th day of April, 1912, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 26th day of April, 1912, denying plaintiff’s motion for a new trial made upon the minutes. The action is to recover arrears of salary alleged to be due.
1Opinion of the Court
Clarke, J.:
The plaintiff is a clerk in the supplies department of the board of education. He was first appointed in 1892 in Brooklyn, where he remained until the consolidation of the greater city on January 1, 1898.
He took a civil service examination May 11, 1900, with a rating of ninety-eight and eighty one-hundredths per cent, and *262was promoted to the position of a fifth grade clerk with a salary of $2,000 on June 5, 1900.
The civil service rules in effect at the time the eligible lists were established in 1900, provided as follows:
“ Positions in the competitive class are graded according to…
2Cases cited8 opinions
- People Ex Rel. Callahan v. Board of EducationNew York Court of Appeals · 1903
- Buckbee v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Stokes v. TullyAppellate Division of the Supreme Court of the State of New York · 1905
- Hogan v. . Board of EducationNew York Court of Appeals · 1911
- People ex rel. Lodholz v. KnoxAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by5 opinions
- Corrigan v. JosephNew York Court of Appeals · 1952
- City of Birmingham v. LeeSupreme Court of Alabama · 1950
- Ryan v. KaplanAppellate Division of the Supreme Court of the State of New York · 1925
- Jones v. State Ex Rel. VeaseyOhio Court of Appeals · 1930
- Kearns v. City of BuffaloNew York Supreme Court · 1952