259 A.D. 208 | N.Y. App. Div. | 1940
Lead Opinion
Petitioner, on January 3, 1930, received a provisional appointment as relief agent, salary $1,800, in the department of social welfare, Erie county, pending the establishment of an eligible list by competitive examination. An examination was held which petitioner passed with a mark of 78.40 and was placed as No. 16 on the eligible list. On January 8, 1932, at least three
On the foregoing facts we are of the opinion that petitioner neither holds a valid permanent appointment to the position of relief agent nor is entitled to be certified by the State Civil Service Commission as eligible for appointment pursuant to the rules and regulations of the Civil Service Commission and the Civil Service Law. A provisional or temporary appointment does not ripen into a permanent appointment. (See Palmer v. Board of Education, 276 N. Y. 222; Koso v. Greene, 260 id. 491, 495.)
The order should be affirmed, without costs of this appeal to either party.
All concur, except Harris, J., who dissents and votes for reversal and for granting the prayer of petitioner in a memorandum. Present — Crosby, P. J., Cunningham, Taylor, Harris and McCurn, JJ.
Dissenting Opinion
(dissenting). In making the appointment of January 22,1932, the appointing power had no right to designate the position as temporary. The petitioner was selected in regular order from a list after those persons whose names preceded his on the fist had declined the appointment. Such appointment was at first probationary and then ripened into a permanent position. (Matter of Hilsenrad v. Miller, 259 App. Div. 763.) The order appealed from should be reversed and the petitioner should be reinstated and paid his salary for the time he was not permitted to occupy the position.
Order affirmed, without costs of this appeal to either party.