In re McKenzie

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

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.