77 N.Y.S. 661 | N.Y. App. Div. | 1902
The relator presented to the Supreme Court a petition stating that after having passed a competitive examination he was appointed by the Board of City Record of the City of New York a bookbinder in the office of the City Record. This resolution appointing the relator was passed on the 13th day of November, 1901, “ said appointment to take effect on and after November 14, 1901,” and it appeared that the relator commenced work under this appointment on the 18th of November, 1901.
By rule 35 of the municipal civil service rules of the city of New
We think the court below incorrectly determined that the period of the relator’s employment commenced from the date of his appointment. On the contrary, we think that it began when he commenced work under his appointment and not from the date specified in the resolution appointing him. The relator did not hold a public office. He was an employee of the city, and his appointment was to take effect “ on and after Hovember 14.” His term of employment commenced when he' accepted the appointment by actually entering into the service of the city. The object of this probationary period is “ to enable the head of the department who has made the appointment not only to ascertain the fitness of the probationer, but to learn whether on the whole he is a satisfactory and agreeable person to have serve in the position and one who will become a reasonably efficient officer; ” and also to enable the appointee to familiarize himself with the duties of his employment so that after becoming acquainted with them he will be able to perform them (People ex rel. Kastor v. Kearny, 49 App. Div. 125; affd.,
It follows that the order appealed from should be reversed and the application denied,' with fifty dollars costs and disbursements.
Vak Brunt, P. J., Patterson, Hatch and Laughlih, JJ., concurred.
Order reversed and application denied, with fifty dollars costs and disbursements.