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In the Matter of the Application of James W. Fogarty, for Himself and All Other Candidates to the Position of Assistant Supervisor, Grade 2, Who Took the Examination Held on June 25, 1938, Except Those Candidates Employed by the Emergency Relief Bureau of the City of New York for a Period of Not Less than Three Months between July 1, 1936, and December 31, 1937, for an Order Pursuant to the Provisions of Article 78 of the Civil Practice Act, against Paul J. Kern, President, and Others, as the Municipal Civil Service Commission of the City of New York, and William Hodson, as Commissioner of the Department of Welfare of the City of New York
Opinions in this case
- Majority — Glennon
- Dissent — Dore
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] The 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.