MATTER OF KENAVAN v. McCOY


46 Misc.2d 640 (1965)

In the Matter of Joseph X. Kenavan, as President of the Court Clerks' Association of the Family Court, et al., Petitioners, v. Thomas F. McCoy, as State Administrator of the Judicial Conference of the State of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

May 25, 1965


Attorney(s) appearing for the Case

Stuart Edward Levison for petitioners. Morris Weissberg for City Employees Union, Local 237, International Brotherhood of Teamsters, William Lewis, president, amicus curiæ. Lawrence N. Marcus for Judicial Conference, respondent.


THOMAS A. AURELIO, J.

This is an article 78 proceeding commenced by petitioners to review the assignment of administrative personnel to positions in legal service as Clerks of court. Petitioners urge that this difference in their assignment conflicts with the expressed restriction of section 61 of the Civil Service Law and violates the clear intendment of the statute. The pertinent language of this section provides: "2. Prohibition against out-of-title...

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