270 A.D. 1072 | N.Y. App. Div. | 1946
Final order reversed on the law and facts, with costs and final order granted restoring petitioner to his former position of park groundsman and awarding petitioner damages for loss of wages to be computed at Special Term. Memorandum: Petitioner entered the employ of the respondent city in June, 1934. He worked in the paint and in the carpenter shops. In 1941, he worked in the municipal stadium. In January, 1942, he was given the job of groundskeeper in the municipal stadium at a compensation of $1,500 per year. He was carried on the payrolls as a laborer in all of those jobs. On December 24, 1940, the petitioner filed with the respondents an application for registration as a laborer, paid the required fee, was given a number (295) and his name was duly placed on the respondents’ labor list. All applications for labor jobs were listed under laborers and were registered on the labor list. In January, 1943, the New York Department of Civil Service submitted its reclassification report to the City of Lackawanna, wherein it listed the petitioner’s job of groundskeeper “As Park Groundsman” and his “Proposed Jurisdictional Assignment ” as “ Competitive ”. On December 30, 1943, the Lackawanna Civil Service Commission adopted a resolution approving the schematic list of
