Piser v. Marsh

Appellate Division of the Supreme Court of New York

Piser v. Marsh

272 A.D.2d 792

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

DecidedMay 2, 1947

StatusPublished

This text of 272 A.D.2d 792 (Piser v. Marsh) 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

Piser v. Marsh, 272 A.D.2d 792 (N.Y. Ct. App. 1947).

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Opinion

Order, so far as appealed from, unanimously affirmed, with $20 costs and disbursements. As each successive appointment until the last was made from the civil service list, the next three on the list were reached for certification ”. (Rules of the Municipal Civil Service Commission, rule V, § VIII, subd. 2, par. [b].) Petitioners’ names were so far down on the list that they were not reached during the periods of their service in the armed forces, nor during the life of the list. The circumstance that the Municipal Civil Service Commission for convenience supplied to the appointing power many more names than were reached, including those of petitioners, does not mean that within the meaning of section 246 of the Military Law they were reached for certification during military duty. Present — Martin, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ. [See post, p. 874,]

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Order, so far as appealed from, unanimously affirmed, with $20 costs and disbursements. As each successive appointment until the last was made from the civil service list, the next three on the list were reached for certification ”. (Rules of the Municipal Civil Service Commission, rule V, § VIII, subd. 2, par. [b].) Petitioners’ names were so far down on the list that they were not reached during the periods of their service in the armed forces, nor during the life of the list. The circumstance that the Municipal Civil Service Commission for convenience supplied to the appointing power many more names than were reached, including those of petitioners, does not mean that within the meaning of section 246 of the Military Law they were reached for certification during military duty. Present — Martin, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ. [See post, p. 874,]

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Bluebook (online)

272 A.D.2d 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piser-v-marsh-nyappdiv-1947.