Appellate Division of the Supreme Court of New York, 1935

In re Christ

In re Christ
Appellate Division of the Supreme Court of New York · Decided January 15, 1935
243 A.D. 682
In re Christ

Opinion of the Court

Order affirmed, with costs. Memorandum: Rule 6 of the local civil service commission is valid as an administrative measure. The position occupied by the incumbent Sehwenk before the promotion fell within the same group as the position to which he was promoted (Part X), while the position of the relators does not. All concur, except Taylor, J., who dissents and votes for reversal on the law, and granting the motion for an order of peremptory mandamus for a competitive promotional examination. (The order denies a mandamus to compel defendants to conduct a competitive examination to fill a vacancy.)

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