Matter of Friedman v. Finegan
New York Court of Appeals
The Municipal Court of the City of New York is a single court and under section 13 of the Civil Service Law (Cons. Laws, ch. 7) only “ one clerk and one deputy clerk ” of each court is in the statutory exempt class. (Matter of Meahl v. Ordway, 98 Mise. Rep. 394; Worthington v. London G. & A. Co., 164 N. Y. 81; Matter of Levy, 192 App. Div. 550; Degnon v. Cook & Wilson, 98 Mise. Rep. 251; Ress v. Gurinsky, 80 Mise.
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The Municipal Court of the City of New York is a single court and under section 13 of the Civil Service Law (Cons. Laws, ch. 7) only “ one clerk and one deputy clerk ” of each court is in the statutory exempt class. (Matter of Meahl v. Ordway, 98 Mise. Rep. 394; Worthington v. London G. & A. Co., 164 N. Y. 81; Matter of Levy, 192 App. Div. 550; Degnon v. Cook & Wilson, 98 Mise. Rep. 251; Ress v. Gurinsky, 80 Mise. Rep. 231; Krulewitch v. 159 N. Y. Supp. 827.) The positions in question are capable of being filled by competitive examination and, therefore, should not be in the exempt class.…
1Opinion of the Court
Crane, Ch. J.
Since 1894 the Constitution of this State, by article Y, section 9 (now § 6), has provided as follows: “Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive; ⅜ * The fundamental underlying will of the People as expressed here is that there shall be competitive examinations for all civil service appointments. Exemption is the exception, not the…
2Cases cited7 opinions
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- Chittenden v. . WursterNew York Court of Appeals · 1897
- People Ex Rel. McClelland v. . RobertsNew York Court of Appeals · 1896
- Ottinger v. State Civil Service CommissionNew York Court of Appeals · 1925
- Matter of Byrnes v. WindelsNew York Court of Appeals · 1934
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Matter of Andresen v. RiceNew York Court of Appeals · 1938
- State Ex Rel. Murtagh v. Department of City Civil ServiceSupreme Court of Louisiana · 1949
- Matter of Sandford v. FineganNew York Court of Appeals · 1937
- Condell v. JorlingAppellate Division of the Supreme Court of the State of New York · 1989
- In Re Division of AdministrationLouisiana Court of Appeal · 1977
9 more not listed; retrieve them via the Exa API.