Legal Opinion

In re O'Brien

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1938PublishedCited by 18 opinions

1Opinion of the CourtUntermyer, J.

The petitioner, an employee of the board of transportation, was employed from 1933 until April 12, 1937, as station agent, a position in the administrative division of the board. In February, 1937, he filed application to take the promotion examination for the position of assistant station supervisor, the next higher position in the administrative division.

In 1936 the petitioner had made application for the position of assistant dispatcher, which is not in the administrative but in the operating division of the board of transportation. On April 12, 1937, before the examination for the…

2Cases cited2 opinions

  1. People Ex Rel. Finnegan v. . McBrideNew York Court of Appeals · 1919
  2. People Ex Rel. Jordan v. . MartinNew York Court of Appeals · 1897

3Cited by18 opinions

  1. Sperry Rubber & Plastics Co. v. Review Board of the Indiana Employment Security DivisionIndiana Court of Appeals · 1966
  2. State Ex Rel. Stewart v. Civil Service CommissionMissouri Court of Appeals · 2003
  3. Conlon v. McCoyAppellate Division of the Supreme Court of the State of New York · 1967
  4. Lake Placid Club, Inc. v. AbramsAppellate Division of the Supreme Court of the State of New York · 1958
  5. Mallen v. MortonNew York Supreme Court · 1950

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