Canfield v. Greene

Section 31 of the Civil Service Law provides that any person, while holding a position in the competitive class under the Civil Service Law or Rules, whose position is abolished or made unnecessary, through no delinquency or misconduct on his part shall be deemed to be suspended without pay, which suspension shall be made in the inverse order of original -appointment in the Service, and shall have his name entered upon a preferred list for the position last held by him or any other position having the same or similar requirements for entrance.

The petitioner, Julian K. Canfield, on June 30,…