Tonkin v. Leary

We determine that the petition states sufficient facts and that the motion should not have been denied upon the ground of the insufficiency of the petition. The Greater New York Charter (§ 1373, as amd. by Laws of 1929, chap. 235), in providing for clerical appointments in the Mmiicipal Court, is a grant of authority, and does not require that appointments to fill vacancies shall be made if the appointing power in good faith deems it unnecessary. The answering affidavit asserts the lack of necessity for the filling of the positions of assistant clerks. It further shows that the work which…