99 N.Y.S. 324 | N.Y. App. Div. | 1906
• The relator was, on December 31,1902,' appointed to the position of complaint clerk of the police department of the city of New
, In order to . decide this case it is necessary to construe -the • provision of the statute quoted supra, which is -a re-enactment -of section 28 of chapter 335 of the -Laws of 1873, section 48 of chapter 410 -of . the .Laws of 1882,. and section 1543- of chapter 378; of the:Laws of 1897, with .the .addition of the-words “or person holding a position in the classified municipal civil service subject to competitive examination.” ' The meaning of the words “ regular clerk ” has . been passed upon .in People ex rel. Sims v. Fire Comrs. (73 N. Y. 437) and People ex rel. Emerick v. Board of Fire Comrs. (86 id. 149), which held that the;- words-were used-in their popular sense, and included only such positions as-did not inquire any other qualification -than the -ability to perform purely clerical work. There was no stich thing as a classified
The judgment and order should'be reversed and the proceedings dismissed.
Hirschberg, P. J., Woodward, Jenks and Hooker, JJ., concurred.
Judgment and order reversed, with costs, and proceedings dismissed, with costs. "