Ryan v. Kaplan — 240 N.Y. 690

Majority

p. 690

In the Matter of the Application of Joseph M. Ryan et al., Appellants, v. Abraham Kaplan et al., Composing the Municipal Civil Service Commission of the City of New York, Respondents.

(Argued June 2, 1925;

decided July 15, 1925.)

Headnote

New York city — civil service — board of education — jurisdiction of civil service commission to establish grades for employees of board of education not changed by chapter 680 of Laws of 1920.

Matter of Ryan v. Kaplan, 213 App. Div. 131 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1925, which reversed an order of Special Term granting a motion for a peremptory order of mandamus to compel the municipal civil service commission of the city of New York to certify the salaries of the petitioners and other employees of the board of education of the city of New York at the rates fixed in the schedule adopted by said board of education June 16, 1920, and amended July 30, 1920. The civil service commission refused to certify salaries at the rates fixed on the ground that they were in excess of the maximum fixed for the grade of position under its rules. The petitioners contended that the Lockwood-Donohue Law (L. 1920, ch. 680) took away from the civil service commission the power to establish grades for the employees of the board of education, and that the fixing of respondents’ salaries in excess of the civil service commission’s grade by the board of education was not a promotion over which the municipal commission had jurisdiction. The Appellate Division held that the statute made, no change in the Civil Service Law or

p. 691

in respect to the jurisdiction of the civil service commission.

John E. O’Brien and Robert L. Luce for appellants.

George P. Nicholson, Corporation Counsel (John F. O’Brien, Elliot S. Benedict and Thomas W. A. Crowe of counsel), for respondents.

Order affirmed, with costs, on opinion of McAvoy, J., below.

Concur: Hiscock, Ch. J., Cardozo, McLaughlin, Crane, Andrews and Lehman, JJ. Not voting: Pound, J.