150 N.Y.S. 571 | N.Y. Sup. Ct. | 1914
Motion for a peremptory writ of mandamus directing respondents, constituting the municipal civil service commission of the city of New York, to restore relator’s name to the eligible list for the position of court attendant. Relator took part in and passed the examination held by respondents and was placed on the eligible list. Thereafter respondents examined into the character of relator and after such examination removed his name from said eligible list. Article V, section 9, of the State Constitution, provides in part: “Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be according to merit and fitness to be ascertained, so far as practicable, by examinations.” In pursuance of this section of the Constitution the Civil Service Law was enacted, and it provided, among other things, that the civil
Motion denied.