170 Misc. 275 | N.Y. Sup. Ct. | 1939
Petitioner, a clerk in the home relief division of the department of welfare of the city of New York, occupies his position as a holdover from the emergency relief bureau and without appointment from any civil service list established after competitive examination. He seeks an order to declare the eligible list for clerk, grade 2, expired and without force as to positions in the home relief division, and to restrain further certification and appointment therefrom. The alleged claim is based upon the following portion of section 3-k of the Public Welfare Law:
“ In counties to which the provisions of the Civil Service Law and rules have been extended and in cities all such appointments to permanent and temporary positions so established shall be made from eligible lists established by competitive examinations held as herein provided.”
Attention is called particularly to the words “ Not later than December.thirty-first, nineteen hundred thirty-eight, appointments shall be made to such permanent and temporary positions,” which petitioner interprets as a legislative mandate limiting the life of the eligible list and directing its expiration on that date. This inference is contrary both to the letter and the spirit of the law. Its intent was to hasten the extension of the competitive civil service system to the mass of employees of the relief bureau. The tenure of most of them became that of temporary employees in the competitive class. They were given certain preferences in the matter of eligibility for any examination for the positions held prior to July 1, 1938. It was contemplated that a competitive examination would be held, on the basis of which an eligible list would be established. Such a list has actually been created from
The application is wholly without merit, and the cross-motion to dismiss it as a matter of law is granted. Settle order.