Majority
p. 13In the Matter of Pauline Shraeder, Respondent, against Paul J. Kern et al., Constituting the Municipal Civil Service Commission of the City of New York, et al., Appellants. Argued October 7, 1941; decided November 19, 1941.
p. 14The petitioner’s appointment having been the direct result of her misstatement of a material fact on her application, the right to cancel her appointment survived the expiration of her probationary period. (Matter of Katz v. Goldwater, 285 N. Y. 830 ; Matter of Wolff v. Hodson, 285 N. Y. 197 .) Section 14 of the Civil Service Law (Cons. Laws, ch. 7) provides for the competitive class and limits the authority of the Commission with respect to eligibility after an appointment only to fraud. This section is to be strictly construed. (People v. Dalton, 163 N. Y. 556 .)
William C. Chanter, Corporation Counsel (Charles F. Murphy and Paxton Blair of counsel), for appellants.
Ruth Gottdiener for respondent.
The Municipal Civil Service Commission has power and is under a duty to rescind a certification where an applicant has made a misstatement of a material fact upon which the Commission has relied and upon which it has based its conclusion that the applicant was eligible to take the examination. That is true whether the misstatement was made with fraudulent intent or by mistake.
The orders should be reversed and the petition dismissed, without costs. (See 287 N. Y. 760 .)
Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.
Orders reversed, etc.
Cases cited
- Wolff v. Hodson 285 N. Y. 197 p. 14
- People ex rel. Langdon v. Dalton 163 N. Y. 556 p. 14