In re Bacom

Appellate Division of the Supreme Court of New York

In re Bacom

267 A.D. 1027, 48 N.Y.S.2d 145, 1944 N.Y. App. Div. LEXIS 6081

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

DecidedMay 10, 1944

StatusPublished

This text of 267 A.D. 1027 (In re Bacom) 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

In re Bacom, 267 A.D. 1027, 48 N.Y.S.2d 145, 1944 N.Y. App. Div. LEXIS 6081 (N.Y. Ct. App. 1944).

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Opinion

Appeal from an order made in a proceeding under article 78 of the Civil Practice Act which determined that the petitioners Bacom and four others have a prior right to retain their positions, as motor vehicle license examiners in the State Department of Taxation and Finance, over the interveners Gernert and others. The interveners entered the public service at an earlier date than the petitioners but they were connected with the Transit Commission (Metropolitan Division of the New York State Department of Public Service) and were transferred and appointed to the positions in the State Department of Taxation and Finance at a later date than the petitioners Bacom and others. It was necessary that some be suspended. The statute requires that the suspensions be made in the inverse order of original appointment in the State service (Civil Service Law, § 31). This court decided the identical question here presented in Matter of Canfield v. Greene (250 App. Div. 181). That case in principle followed Matter of Horn v. Gillespie (267 N. Y. 333). Order affirmed, with fifty dollars costs. All concur. [181 Misc. 599.] [See 268 App. Div. 836.]

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Appeal from an order made in a proceeding under article 78 of the Civil Practice Act which determined that the petitioners Bacom and four others have a prior right to retain their positions, as motor vehicle license examiners in the State Department of Taxation and Finance, over the interveners Gernert and others. The interveners entered the public service at an earlier date than the petitioners but they were connected with the Transit Commission (Metropolitan Division of the New York State Department of Public Service) and were transferred and appointed to the positions in the State Department of Taxation and Finance at a later date than the petitioners Bacom and others. It was necessary that some be suspended. The statute requires that the suspensions be made in the inverse order of original appointment in the State service (Civil Service Law, § 31). This court decided the identical question here presented in Matter of Canfield v. Greene (250 App. Div. 181). That case in principle followed Matter of Horn v. Gillespie (267 N. Y. 333). Order affirmed, with fifty dollars costs. All concur. [181 Misc. 599.] [See 268 App. Div. 836.]

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Bluebook (online)

267 A.D. 1027, 48 N.Y.S.2d 145, 1944 N.Y. App. Div. LEXIS 6081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bacom-nyappdiv-1944.

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