Uniformed Fireman's Benev. Ass'n v. Herten
Decision Date | 19 April 1965 |
Parties | UNIFORMED FIREMAN'S BENEVOLENT ASSOCIATION, Inc., and Vincent Lazaro, Appellants, v. F. Russell HERTEN et al., comprising the Civil Service Commission of The City of White Plains, Respondents. |
Court | New York Supreme Court — Appellate Division |
Wilbur J. Spitzer, Yonkers, for appellant.
William McKinley, White Plains, for respondent; Paul M. Gavin, White Plains, of counsel.
Before BELDOCK, P. J., and UGHETTA, CHRIST, BRENNAN and HOPKINS, JJ.
MEMORANDUM BY THE COURT.
In an action to declare the legal rights and relations of the parties; to determine whether the defendants had the power to extend the duration of a civil service list; to determine whether an appointment from said extended list would be valid; and for other relief the plaintiffs appeal from an order of the Supreme Court, Westchester County, entered January 20, 1965, which granted the defendants' motion, made pursuant to statute (CPLR 3211, subd. [a], par. 7), and which dismissed the complaint on the ground that it fails to state a cause of action.
Order reversed, without costs, and judgment directed in favor of the defendants, without costs, declaring that subdivision 2 of rule 11 of the Rules of the Civil Service Commission of the City of White Plains is valid; that the extension of the duration of the list pursuant to said rule was valid; and that an appointment pursuant to said list as extended would be valid.
Section 56 of the Civil Service Law provides as follows:
Section 20 of the Civil Service Law provides for the adoption of rules by municipal civil service commissions to effectuate the provisions of the Civil Service Law and the provisions of section 6 of Article V of the State Constitution. Such rules, when properly adopted, have the force and effect of law (Matter of Adler v. Lang, 21 A.D.2d 107, 111, 248 N.Y.S.2d 549; Matter of O'Brien v. Lang, 18 A.D.2d 140, 143, 237 N.Y.S.2d 960, affd. 13 N.Y.2d 688, 241 N.Y.S.2d 171, 191 N.E.2d 673). The modification of a rule by a city civil service commission does not take effect until approved by the state civil service commission (Civil Service Law, § 20).
In 1959 the Civil Service Commission of the City of White Plains incorporated without change a provision of the Model Civil Service Rules for Municipalities into its own rules. Subdivision 2 of rule 11 as thus adopted provides that: [emphasis added.]
On March 19, 1962 the defendants promulgated a civil service promotion list containing four names for the position of Deputy Fire Chief and fixed the duration of the list for a period of two years, to terminate on March 19, 1964.
On March 9, 1964, when only one name remained on the list, the defendants adopted a resolution extending the duration of the list for one year, until March 19, 1965, and duly notified the...
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