People of New York ex rel. Qua v. Gaffney

Kellogg, H. T., J.

The street superintendent of the village of Saratoga Springs derives his appointment from the sewer, water and street commissioner and is expressly placed by statute “ under the direction and control ” of such commissioner. Laws of 1892, chap. 506, § 11. ILe is, therefore, not a head of any department of the village government. People ex rel. Tate v. Dalton, 34 App. Div. 6; Murray v. City of New York, 60 id. 541. Not being a head of a department he clearly falls within the classified branch of the civil service of the State. Civil Service Law, § 9.

The classified service is…