In the Matter of Leroy Mandle, Respondent-Appellant,
v.
Peter Campbell Brown, as Corporation Counsel of the City of New York, et al., Appellants-Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 20, 1958.
Decided June 25, 1958.
Attorney(s) appearing for the Case
Peter Campbell Brown, Corporation Counsel (Seymour B. Quel and Leo A. Larkin of counsel), appellant-respondent in person and for Joseph Schechter and others, appellants-respondents.
A. Bernard King for Murray Herman, individually and on behalf of the Civil Service Technical Guild, Local 375, American Federation of State, County and Municipal Employees, AFL-CIO, amicus curiæ, in support of the position of appellants-respondents.
Charles F. Murphy for Association of Reclassified Employees in the Civil Service of the City of New York, amicus curiæ, in support of the position of appellants-respondents.
John Harold for respondent-appellant.
Myron Caruso for American Legion of Queens County, Department of New York, amicus curiæ, in support of respondent-appellant's position.
Bernard A. Helfat for Harry Spangenberger, individually and on behalf of the Petition Group, Queensborough Civil Service Employees, amicus curiæ, in support of respondent-appellant's position.
Chief Judge CONWAY and Judges DESMOND, DYE and VAN VOORHIS concur with Judge FROESSEL; Judge FULD dissents in an opinion; Judge BURKE taking no part.
Court of Appeals of the State of New York.
FROESSEL, J.
These are cross appeals on certified questions. Petitioner brings this article 78 proceeding in his capacity as a citizen, alleging that the reclassification without competitive examination of some 46 former grade 4 attorneys in the office of the Corporation Counsel of New York City constitutes an illegal promotion (N. Y. Const., art. V, § 6). Petitioner...
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