Economico v. Village of Pelham

Hopkins, J. P.

(dissenting). I dissent and vote to affirm the judgment.

As a tenured public employee the petitioner had a property right in his position. Our Constitution provides that "[appointments * * * in the civil service of the state and all of the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, as far as practicable, by examination which, as far as practicable, shall be competitive” (NY Const, art V, § 6). The petitioner was appointed after passing a competitive examination. Once having been appointed to his position…