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MTR ORG. v. LAWTON

106 A.D.2d 48 (1985)

In the Matter of Organization of New York State Management/Confidential Employees, Inc., et al., Appellants, v. C. Mark Lawton, as Director of the Division of the Budget, et al., Respondents

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

January 24, 1985

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning P. C. (William F. Sheehan of counsel), for appellants.

Robert Abrams, Attorney-General (John Q. Driscoll and William J. Kogan of counsel), for respondents.

KANE, J. P., MAIN and Weiss, JJ., concur.

CASEY, J.

Petitioners' challenge to the validity of the 12 appointments to permanent positions as Deputy Chief Budget Examiner is based upon claims that the statute relied upon by respondents does not authorize the appointments, that the appointments violate section 6 of article V of the State Constitution and that minimum eligibility qualifications set by respondents were unlawful and/or irrational. We reject...

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