MATTER OF SARATOGA SPRINGS MUN. CIVIL SERV. COMM'N v. NEW YORK STATE CIVIL SERV. COMM'N


40 A.D.2d 740 (1972)

In the Matter of Saratoga Springs Municipal Civil Service Commission, Appellant, v. New York State Civil Service Commission, Respondent

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

October 26, 1972


The respondent, in its answer, as a separate and second defense alleged "The petitioner herein is not a proper party to this proceeding and has no standing to commence or maintain this proceeding". The law of this proceeding, as apparently conceded by the parties, is that only the State Commission can create the position requested. (See Civil Service Law, § 20, subd. 2.) Section 22 of the Civil Service Law makes it apparent that the function of the local commission,...

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