Cassidy v. Municipal Civil Service Commission

On this appeal brought directly to our court from Special Term on constitutional grounds, pursuant to CPLR 5601 (subd [b], par 2), we are called upon to determine the validity of section 61 of the Civil Service Law which provides for the method of appointment within the civil service system. Petitioner received the highest grade and ranking in a promotional examination for the position of Housing Code Enforcement Supervisor. Respondent commission chose the second highest ranking candidate for the position. Petitioner then commenced this article 78 proceeding contending that respondent was…