116 N.Y.S. 290 | N.Y. App. Div. | 1909
The city clerk and the clerk of the board of aldermen of the city of New York, for he is necessarily One and the same person (Greater N. Y. Charter [Laws of 1897, chap. 378; Laws of 1901, chap. 466], § 28, as amd. by Laws of 1905, chap. 629), is appointed by that board, which is a legislative body within the purview of section 8 of the Civil Service Law (Laws of 1899, chap. 370, as amd. by Laws of 1902, chap. 270). (Matter of Shaughnessy v. Fornes, 172 N. Y. 323.)
Bouvier
It is also contended that these employees are outside of the unclassified service for the reason that they aid the city clerk in the discharge of other official duties cast upon him which are not legislative. Even if this were so, this circumstance would not determine that the duties of these appointees were not legislative, provided they were appointed to discharge legislative duties and the
If the relator have, a -grievance, it arose on. January 1, 1898, at the time lie came into the office of the city clerk, and so I am inclined, to the opinion that -the relator has shown laches in his application, (See People ex rel. Miller v. Sturgis, 82 App. Div. 580 ; appeal dismissed, 178 N. Y. 632.)
The order is affirmed, with costs and disbursements.
Woodward, Gaynor, Burr and Rich, JJ., concurred.
Order affirmed, with ten dollars costs and disbursements.
2 Bouv. Law Dict. [Rawle’s Rev.] 540.— [Rep.