Powers v. Taylor
| Decision Date | 21 November 1957 |
| Citation | 169 N.Y.S.2d 27,3 N.Y.2d 952,146 N.E.2d 786 |
| Parties | , 146 N.E.2d 786 John F. POWERS, Petitioner-Appellant, v. Oscar M. TAYLOR et al., Constituting the Civil Service Commission of the State of New York, Defendants-Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 286 App.Div. 575, 146 N.Y.S.2d 194.
Proceeding in the matter of the application of the petitioner for an order under the Civil Practice Act, § 1283 et seq., against the members of the Civil Service Commission of the State of New York and others to have Section 150 of the Workmen's Compensation Law, Conso.Laws, c. 67, declaring position of workmen's compensation referee to be in exempt class of classified civil service declared unconstitutional, and for an order directing the commission to classify the position in competitive class.
The Supreme Court, Special Term, Albany County, Bookstein, J., 207 Misc. 465, 139 N.Y.S.2d 166, entered an order dismissing the petition, and the petitioner appealed.
The Appellate Division, Zeller, J., 286 App.Div. 575, 146 N.Y.S.2d 194, affirmed the order and held that where the nature and character of the duties of the workmen's compensation referee were well established by previous legislative enactments, the Legislature did not act arbitrarily in exempting such position from classified civil service and impliedly determining that no examination supplied a practical test of fitness for such position.
The petitioner appealed to the Court of Appeals, contending that the petition properly stated a prima facie cause of action for the relief requested, and that opinions of the courts below were based on alleged facts, which were not in the record, and which should not properly have been considred on motion to dismiss the petition.
DeGraff, Foy, Conway & Holt-Harris, Albany (John T. DeGraff, Albany, and John J. Kelly, Jr., Albany, of counsel), for petitioner.
Louis J. Lefkowitz, Atty. Gen. , for respondents.
Order affirmed, with costs.
All concur.
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