258 A.D. 686 | N.Y. App. Div. | 1940
Appeal from an order of the Albany Special Texm denying petitioner’s motion that respondents Ahern, commissioner of public welfare for the county of Rensselaer, Tower, treasurer thereof, and Reavy and others, Civil Service Commissioners of the State of New York, reinstate her in the permanent position
Appointments in the civil service are to be made according to merit and fitness to be ascertained so far as practicable by competitive examinations. (State Const, art. 5, § 6.) Appointments to all positions in the competitive class not filled by promotion, reinstatement, transfer or reduction are to be made under the provisions of the Civil Service Law and the rules adopted thereunder. (Regulations are not mentioned.) (Civil Service Law, § 14.) When the need for service is immediate and urgent and will not continue for more than one month, an appointment for a temporary period may be made from the fist of those eligible for a permanent appointment without regard to the standing on the list. (Civil Service Law, § 15, subd. 3.) Whenever there are urgent reasons for filling a vacancy and no list of eligibles is available, the appointing officer may name a person for the consideration of the Civil Service Commission for non-competitive examination, and if the nominee be certified he may be appointed provisionally to fill the vacancy until an appointment can be made after a competitive examination. “ Such provisional appointment shall not continue for a longer period than four months, nor shall successive provisional appointments be made to the same position under this subdivision.” (Civil Service Law, § 15, subd. 1.) “ Every original appointment to or employment in any position in the classified service shall be for a probationary term of three months, except as otherwise provided herein, [this position is not within the exception] and an appointing or nominating officer in notifying a person * * * shall specify the same as for a probationary term only,” and if the probationer serves satisfactorily the original appointment shall be equivalent to_a permanent
The May, 1937, appointment was, under the statutes and rules, probationary until three months had passed; then it became
The order should be reversed and the prayer of the petition granted.
Grapser, Bliss, Heffernan and Foster, JJ., concur.
Order reversed on the law and facts, and motion granted, with ten dollars costs.