In re McKenzie

Appellate Division of the Supreme Court of New York

In re McKenzie

249 A.D. 672, 291 N.Y.S. 485, 1936 N.Y. App. Div. LEXIS 5469

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

DecidedNovember 11, 1936

StatusPublished

This text of 249 A.D. 672 (In re McKenzie) 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 McKenzie, 249 A.D. 672, 291 N.Y.S. 485, 1936 N.Y. App. Div. LEXIS 5469 (N.Y. Ct. App. 1936).

Pincite

Opinion

Application for peremptory order of mandamus to compel the State Civil Service Commission to certify petitioner as eligible for appointment as a court attendant. She was the confidential clerk of a justice of the Supreme Court, and makes this application upon the theory that while section 172 of the Judiciary Law provides only for certifying “ a confidential attendant ” to a judge it also includes a confidential clerk, and that there is no distinction between the two positions. Section 160 of the Judiciary Law authorizes the appointment of a confidential clerk by each Supreme Court justice. Other and different sections provide for the appointment of “ confidential court attendants ” by certain of the justices within the State. Order denying application for peremptory mandamus unanimously affirmed. Present — Hill, P. J., Rhodes, MeNamee, Bliss and Heffernan, JJ.

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Application for peremptory order of mandamus to compel the State Civil Service Commission to certify petitioner as eligible for appointment as a court attendant. She was the confidential clerk of a justice of the Supreme Court, and makes this application upon the theory that while section 172 of the Judiciary Law provides only for certifying “ a confidential attendant ” to a judge it also includes a confidential clerk, and that there is no distinction between the two positions. Section 160 of the Judiciary Law authorizes the appointment of a confidential clerk by each Supreme Court justice. Other and different sections provide for the appointment of “ confidential court attendants ” by certain of the justices within the State. Order denying application for peremptory mandamus unanimously affirmed. Present — Hill, P. J., Rhodes, MeNamee, Bliss and Heffernan, JJ.

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Bluebook (online)

249 A.D. 672, 291 N.Y.S. 485, 1936 N.Y. App. Div. LEXIS 5469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mckenzie-nyappdiv-1936.