Connaughton v. Taylor

• Court: New York Court of Appeals Court of Appeals
• Citation: Connaughton v. Taylor, 153 N.Y.S.2d 899, 1 N.Y.2d 864, 136 N.E.2d 13 (N.Y. 1956)
• Decision Date: 08 June 1956
• Parties: , 136 N.E.2d 13 Application of Eugene F. CONNAUGHTON et al., Petitioners-Respondents, v. Oscar M. TAYLOR, et al., Constituting the New York State Civil Service Commission, Appellants, et al., Respondents.

Page 899

153 N.Y.S.2d 899

1 N.Y.2d 864, 136 N.E.2d 13

Application of Eugene F. CONNAUGHTON et al., Petitioners-Respondents, v. Oscar M. TAYLOR, et al., Constituting the New York State Civil Service Commission, Appellants, et al., Respondents.

Court of Appeals of New York.

June 8, 1956.

Appeal from Supreme Court, Appellate Division, Second Department, 285 App.Div. 1169, 141 N.Y.S.2d 37.

Certain candidates for promotion to the position of police sergeant of the County of Nassau brought proceeding under the Civil Practice Act, art. 78, against the New York State Civil Service Commission, the Nassau County Civil Service Commission, and the Police Commissioner of the County of Nassau for an order directing the regrading of written examination papers of those candidates and for other relief.

The State Civil Service Commission made a cross-petition to dismiss the petition, on ground that service of the order to show cause was not made in the manner directed by Section 1289 of the Civil Practice Act.

The Supreme Court, Special Term, Nassau County, Philip Huntington, J., 135 N.Y.S.2d 3, entered an order directing the Nassau County Civil Service Commission to remark, regrade, and rerate the papers and denying the cross-motion of the State Civil Service Commission, and the President and Commissioners of the New York State Civil Service Commission appealed.

The Appellate Division, 285 App.Div. 1169, 141 N.Y.S.2d 37, affirmed the order and held that the appellants failed to establish any violation of the letter or spirit of the Civil Service Law or the State Constitution.

The President and Commissioners of the New York State Civil Service Commission appealed to the Court of Appeals, contending that the substantive issue, which the State Civil Service Commission raised in the Appellate Division, was whether or not the Special Term had...