People Ex Rel. Rudd v. . Cropsey
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 24, 1914, which affirmed an order of Special Term dismissing an alternative and denying a motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion. The change of relator to the position of “clerk’’from that of “ stenographer ” was not a promotion, and, under the statute and the rules, did not require an examination.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 24, 1914, which affirmed an order of Special Term dismissing an alternative and denying a motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion. The change of relator to the position of “clerk’’from that of “ stenographer ” was not a promotion, and, under the statute and the rules, did not require an examination. (L. 1909, ch. 15, art. 3, §§ 41, 42.) The transfer of appellant from the position of private secretary and stenographer…
1Opinion of the CourtOuddebaoic, J.
The alternative writ of mandamus which the order appealed from dismissed required the defendant to reinstate the relator in the position of clerk in the office of the district attorney of Kings county, or show cause why he should not do so.
On January 1, 1904, the relator was appointed stenographer and private secretary in the office of the district attorney at a salary of $1,500 a year. The place at that time was in the exempt class of the civil service, but two years later it was placed in the competitive class. In December, 1909, the relator’s salary was increased to $1,700 a year
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2Cases cited1 opinion
- Peo. Ex Rel. Hannan v. . Board of HealthNew York Court of Appeals · 1897
3Cited by3 opinions
- Mendelson v. FineganNew York Supreme Court · 1937
- People ex rel. Rudd v. CropseyAppellate Division of the Supreme Court of the State of New York · 1916
- Kayman v. HarmanNew York Supreme Court · 1939