Fogarty v. Kern

Appellate Division of the Supreme Court of New York

Fogarty v. Kern

259 A.D. 524, 19 N.Y.S.2d 824, 1940 N.Y. App. Div. LEXIS 6193

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 17, 1940

StatusPublished

Cited by2 cases

This text of 259 A.D. 524 (Fogarty v. Kern) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fogarty v. Kern, 259 A.D. 524, 19 N.Y.S.2d 824, 1940 N.Y. App. Div. LEXIS 6193 (N.Y. Ct. App. 1940).

Pincite

Opinions

Glennon, J.

The municipal civil service commission having regraded the experience ratings of candidates by allowing the increased credit for experience with all public agencies, Federal, State or municipal, there remains only the question whether greater credit for such experience than for experience with private agencies may properly be allowed.

The commission shows by affidavit that, for a variety of reasons, experience with public agencies is more closely related to the work of supervisors, grade 2, in the department of welfare and will be more valuable than experience with private agencies. Since the action of the commission is justified by these rational considerations concerning the relative value of such previous experience the courts ought not to interfere. (Matter of Thomas v. Kern, 280 N. Y. 236.)

[525]*525The order should be reversed, with twenty dollars costs and disbursements, and the petition dismissed.

O’Malley and Untermyer, JJ., concur; Martin, P. J., and Dore, J., dissent and vote to affirm.

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