MATTER OF McQUILLAN v. SCHECHTER


285 A.D. 165 (1954)

In the Matter of Adam McQuillan et al., Appellants, v. Joseph G. Schechter et al., Constituting The Municipal Civil Service Commission of the City of New York, Respondents, and James Tubman et al., Interveners-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 7, 1954.


Attorney(s) appearing for the Case

Paul Windels of counsel (John K. Clark, Jr., with him on the brief; Wickes, Riddell, Bloomer, Jacobi & McGuire, attorneys), for appellants.

Anthony Curreri of counsel (Seymour B. Quel with him on the brief; Adrian P. Burke, Corporation Counsel, attorney), for respondents.

Leo Brown for interveners-respondents.

DORE, J. P., and BERGAN, J., concur with CALLAHAN, J.; BOTEIN, J., dissents and votes to affirm in opinion, in which BASTOW, J., concurs.


CALLAHAN, J.

This appeal involves the seniority rights of interveners-respondents, who are civil service employees in the department of correction of the city of New York. The seniority rights afforded them affect their relative standing on a promotion list for "Captain" of correction officers in that department.

The promotion list was promulgated on June 17, 1953. Petitioners, McQuillan, Jones and Lance...

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