MATTER OF GOLDHIRSCH v. KRONE


18 N.Y.2d 178 (1966)

In the Matter of Faith Goldhirsch et al., in Behalf of Themselves and All Others Similarly Situated, Respondents, v. Mary G. Krone, as President of the Civil Service Commission, et al., Appellants. In the Matter of William Kelly et al., in Behalf of Themselves and All Others Similarly Situated, Respondents, v. Mary G. Krone, as President of the Civil Service Commission, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 7, 1966.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Edwin R. Oberwager and Ruth Kessler Toch of counsel), for appellants.

Harry W. Albright, Jr. and Margrethe R. Powers for William Kelly and others, respondents.

Louis E. Yavner for Faith Goldhirsch and others, respondents.

John W. Douglas, Morton Hollander, David L. Rose, Charles Donahue, Solomon E. Robinson and Donald E. Elisburg for W. Willard Wirtz, Secretary of Labor, United States Department of Labor, amicus curiæ.

Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.


FULD, J.

We granted leave to appeal to the New York State Civil Service Commission and the Industrial Commissioner (hereafter referred to as the appellants) to consider the frequently recurring question of job reclassification without examination. The importance of the question in this instance is indicated by the submission of a brief amicus curiæ by the United States Secretary of Labor.

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