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APPENDIX F

DIGEST OF COURT DECISIONS RELATING TO CIVIL SERVICE LAW

OPINIONS OF ATTORNEY-GENERAL

[861]

COURT DECISIONS

Digest of Court Decisions Relating to Civil Service Law

CERTIORARI

VETERAN REMOVAL OF, WITHOUT HEARING

Where, on certiorari to review the proceedings of the warden of a State prison, in removing an honorably discharged soldier of the United States employed under the civil service, it appears that no charges were served upon him prior to the day of the hearing, that no witnesses were examined under oath in his presence, and that no formalities incident to a judicial determination were observed, the writ should be sustained, the determination of the warden annulled and the relator reinstated. (PEOPLE ex rel. MILLINGTON V. KAISER, 157 App. Div. 78.)

CITY OF NEW YORK

See NEW YORK CITY

CIVIL SERVICE LAW

1. Sections 3, 4 and 13 amended by Laws 1913, chap. 352.

POSITIONS DUTIES NOT SALARY, FIX GRADE

2. The nature of the duties of persons holding positions under the State Civil Service Law, not the salary received, fixes the grade of the incumbent. (MATTER OF RUDD v. CROPSEY, 159 App. Div. 275.)

See NEW YORK CITY, 5.

CLASSIFICATION

See CIVIL SERVICE LAW, 2; STATE CIVIL SERVICE COMMISSION

HIGHWAY LAW

OFFICERS, CLERKS AND EMPLOYEES - REMOVAL

1. The commissioner of highways, subject to the provisions of the Civil Service Law, may remove the resident engineers, district

superintendents, clerks, officers and employees of the department. (Laws 1913, chap. 80, § 8. See also § 18.)

KINGS COUNTY

DISTRICT ATTORNEY REDUCTION OF SALARY OF CLERK

1. The district attorney of the county of Kings may reduce the salary of a clerk in his office holding a position under the civil service. (MATTer of Rudd v. CROPSEY, 159 App. Div. 275.)

2. PEOPLE ex rel. McVEY v. O'LOUGHLIN, 154 App. Div. 957, which affirmed an order denying a motion for a peremptory writ of mandamus to compel defendant to reinstate relator in the position of chief clerk of copyists in the register's office of the county of Kings was affirmed in 208 N. Y. 594.

MANDAMUS

REINSTATEMENT WHEN ALTERNATIVE WRIT WILL BE GRANTED

Where the right of a petitioner to reinstatement depends upon the determination of the question whether he was appointed generally as a stationary engineer in the bureau of sewers or in the department of public works and merely assigned to duty in the Jamaica disposal plant, which was shut down, or whether he was appointed to the position of stationary engineer in said plant as a distinct position, if the latter, then, notwithstanding he was a veteran volunteer fireman, he was not entitled to reinstatement. but where an allegation of the petition that he was employed generally as an engineer in the bureau of sewers is controverted by the answering affidavit, an alternative writ of mandamus will be awarded to try that issue, and a motion for a peremptory writ denied. (MATTER OF DOOLEY, 81 Misc. Rep. 340.)

See NEW YORK CITY

NEW YORK CITY

COMPTROLLER-POWERS OF IN REFERENCE TO APPOINTMENTS AND DISMISSALS

1. The comptroller of the city of New York is an officer having limited powers, whose authority to act in reference to appointments and removals is defined by statute, and he may not sit in review of

and vacate his own order. (PEOPLE ex rel. DORAN v. GALLAgher, 82 Misc. Rep. 679.)

ISSUING CERTIFICATE OF REINSTATEMENT BY MUNICIPAL CIVIL SERVICE COMMISSION

The comptroller of the city of New York upon removing relator, a clerk in the finance department, on the ground of absence from duty without leave, is functus officio, and his rescission of the order of dismissal is invalid, and the action of the municipal civil service commission in issuing a certificate of reinstatement predicated on the comptroller's rescission is also void. (PEOPLE ex rel. DORAN v. GALLAGHER, 82 Misc. Rep. 679.)

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DEPARTMENT OF DOCKS - POSITION IN COMPETITIVE CLASS REMOVAL WITHOUT HEARING OF CHARGES- RULES AND REGULATIONS OF CIVIL SERVICE COMMISSION OF CITY AS EVIDENCE

2. On the trial of the issues raised by alternative writ of mandamus issued on the petition of one removed from a position in the competitive class in the department of docks in the city of New York upon charges of incompetency, the rules and regulations of the civil service commission of the city of New York governing the position held by relator, approved by the State Civil Service Commission, are competent evidence and that said rules and any inhibition against relator's removal for political reasons were for the consideration of the jury. (PEOPLE ex rel. AMBROSE V. TOMPv. KINS, 208 N. Y. 353, rev'g 149 App. Div. 946.)

FIRE PREVENTION INSPECTOR ESTABLISHMENT OF SEPARATE ELIGIBLE LISTS FOR MEN AND WOMEN — MANDAMUS

3. The civil service commission of the city of New York may, in its discretion, after an examination for the position of fire prevention inspector, establish separate eligible lists for men and women, and a writ of mandamus will not be granted to compel the establishment of a single list containing the names of both men and women. (PEOPLE ex rel. ARDEN v. GALLAGHER, 160 App. Div. 27.)

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