Matter of Mendelson v. Kern

The Municipal Civil Service Commission appeals by permission of this court from an order of the Appellate Division affirming a peremptory order of mandamus directing the cancellation of a competitive promotion examination for the position of law assistant, grade 2, conducted by the Civil Service Commission on March 24, 1937.

The single issue presented upon this appeal is whether clerks in the law department of the city of New York, after the completion of a year’s service in that capacity, may take a promotion examination for the position of law assistant in the same department.

On February 8,…