Apsel v. Kaplan

Petitioners, with the exception of Mahoney, were appointed during the period 1950-1952 to seasonal pari-mutuel examiner positions at harness racing tracks in the New York City metropolitan area on a per diem salary basis. Petitioner Mahoney was appointed in 1954 to a similar seasonal position. At the time of the appointment of the petitioners, other than Mahoney, rule XIII of the Rules for the Classified Civil Service was in effect (see N. Y. Off. Comp, of Codes, Rules & Regulations, p. 361). This rule was promulgated pursuant to sections 10 and 11-a of the then Civil Service Law. This rule…