Matter Raymond Cassidy v. Municipal Civil Service Commission City New Rochelle Et Al. - Court of Appeals of New York
[37 N.Y.2d 526 Page 528] On this appeal brought directly to our court from Special Term on constitutional grounds, pursuant to CPLR 5601 (subd [b], par 2), we are called upon the determine the validity of section 61 of the Civil Service Law which provides for the method of appointment within the civil service system. Petitioner received the highest grade and ranking in a promotional examination for the position of Housing Code Enforcement Supervisor. Respondent commission chose the second highest ranking candidate for the position. Petitioner then commenced this article 78 proceeding contending that respondent was required to appoint him to the position by virtue of section 6 of article V of the New York State Constitution.1 He also contends that subdivision 1 of section 61 of the Civil Service Law is unconstitutional to the extent it authorizes appointment of any one of the three persons standing highest on the eligible list.2 Special Term declared section 61 of the Civil Service Law constitutional, upheld the action of respondent commission and dismissed the petition.