196 N.E. 205 | NY | 1935
Petitioner served continuously in the Board of Water Supply of the City of New York and in the Public Service Commission for the First District and *336 the Transit Commission from November 12, 1906, until January 31, 1934, when he was suspended from his position in the Board of Water Supply as a result of a reduction of the force due to lack of work. The date of his original appointment in the city service was fixed by the Municipal Civil Service Commission as August 8, 1923, and he has obtained an order of mandamus directing the Board of Water Supply to reinstate him and directing the Civil Service Commission to correct its records so as to show the date of his original appointment in the service as of November 12, 1906.
On November 12, 1906, he was appointed an axeman in the Board of Water Supply and he continued in that department until January 4, 1914, when he resigned in order to accept an appointment January 5, 1914, as inspector of masonry in the Public Service Commission for the First District. On August 7, 1923, he resigned as engineering inspector in the Transit Commission, successor to the Public Service Commission for the First District, and the next day, August 8, 1923, he received an appointment as assistant engineer in the Board of Water Supply, from which position on January 31, 1934, he was suspended.
In this proceeding is involved the application of section 31 of the Civil Service Law (Cons. Laws, ch. 7). It provides that, when a position in the competitive class is abolished or made unnecessary, the person holding that position is deemed to be suspended without pay, "which suspension shall be made in the inverse order of original appointment in the service," and he shall have his name entered upon a preferred list for the position last held by him or any other position having the same or similar requirements for entrance. Appellants argue that during the interval extending from January 4, 1914, to August 8, 1923, petitioner was engaged in State service, was wholly separated from city service, that when he re-entered employment with the Board of Water Supply he received a new original appointment and that his suspension is *337
based upon the inverse order of his original appointment in the service. Does his service ad interim with the Public Service Commission for the First District and with the Transit Commission constitute such an hiatus in the continuity of his city service within the purview of our decision in Matter of Marcus v.Ingersoll (
The order should be affirmed, without costs.
CRANE, Ch. J., LEHMAN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ., concur.
Order affirmed. *339