SARATOGA CIV. SERV. v. N. Y. CIV. SERV.


70 Misc.2d 744 (1972)

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

Supreme Court, Saratoga County.

July 27, 1972


Attorney(s) appearing for the Case

John A. Simone, Jr., for petitioner. Louis J. Lefkowitz, Attorney-General (Daniel F. Ruge of counsel), for respondent.


WILLIAM J. CRANGLE, J.

The Legislature by section 20 of the Civil Service Law has given petitioner rule-making powers subject to approval by the respondent. In this proceeding under article 78 of the CPLR the petitioner seeks to force respondent to approve a rule establishing the jurisdictional classification of one of its officers (the position of City Engineer) as noncompetitive. Respondent argues that its refusal to approve petitioner's classification...

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