Citations
- 153 N.Y. 381
Full opinion text
Bartlett, J.
This is a quo warranto proceeding, under sections 1948 and 1949 of the Code of Civil Procedure, to determine the title to the office of clerk of the Police Court of the city of Syracuse.
On the second of January, 1896, the relator, William Sears, having ascertained there, would be a probable vacancy in the office of cleric, passed his civil service examination with a percentage of ninety-four and a half.
Immediately thereafter he applied to Frederick W. Thomson, police justice of the city, lor appointment to the clerkship.
. On the 22nd of January Robert II. Riclcert, then clerk of the court, tendered his resignation, to take effect at some future time.
About the fifteenth of January the police justice applied to the municipal civil service board for the names of persons eligible to appointment as clerk of the Police Court, without prejudice as to whether or not the appointment was a confidential one and not subject to the civil service laws.
Thereafter, and about the 22nd of January, the commissioners certified to the police justice three names, William E. Tobey, the defendant, percentage 95; William McDermot, percentage 94-2-, an