Kaney v. Newyork State Civil Serv. Comm'n
| Citation | 83 N.E.2d 11,298 N.Y. 707 |
| Parties | James J. KANEY et al., Appellants, v. NEW YORK STATE CIVIL SERVICE COMMISSION et al. |
| Decision Date | 24 November 1948 |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Fourth Department, 273 App.Div. 1054, 81 N.Y.S.2d 168.
Proceeding in the matter of the application of James J. Kaney and others, under Article 78, section 1283 et seq., of the Civil Practice Act, against the New York State Civil Service Commission and others, for an order prohibiting the respondents from cancelling the examination taken by petitioners and the eligible list upon which petitioners were placed, and the appointment of the petitioners to position of fire fighter of the Fire Department of the City of Lackawanna.
It was alleged by the petitioners that they were placed on the eligible list established by the Lackawanna Civil Service Commission as the result of examination. It appeared further from the petition that a preliminary investigation was conducted by the State Civil Service Commission and that as a result thereof the State Civil Service Commission decided to prefer charges against the Lackawanna Municipal Civil Service Commission and to seek a rescission of the examination and the eligible list, and the cancellation of all appointments made therefrom.
The petitioners challenged the proceedings pending before the State Civil Service Commission upon the ground that the State Commission had ‘prejudged’ the case and had determined to rescind the examination and to cancel appointments regardless of proof upon hearing; that the Civil Service Law, Consol.Laws, c. 7, s 11, subd. 7, under which the State Commission instituted the proceeding was unconstitutional; and that the proceeding was invalid because they had not been given any notice of the hearing and had not been made parties to the proceeding. More specifically, the attack was based upon the grounds that the statute invaded the home rule provisions of the Const. art. 9, s 12, and that it was an improper delegation of legislative power to an administrative agency. The Attorney General did not answer the petition, but interposed a notice of motion asking dismissal of the petition upon the ground that it was insufficient in law on its face.
Order of the Special Term, 190 Misc. 944, 77 N.Y.S.2d 8, denying the application and dismissing the petition and amended petition, was affirmed by the Appellate Division, 273 App.Div. 1054, 81 N.Y.S.2d 168, and the petitioners appeal....
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