[DOWNLOAD] "Matter Samuel Center v. Thomas F. Mccoy" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter Samuel Center v. Thomas F. Mccoy
- Author : Supreme Court of New York
- Release Date : January 30, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[35 A.D.2d 1056 Page 1057] Petitioner is employed as Clerk in the Supreme Court, Kings County. Prior to March, 1966, he was classified as Clerk, Grade
B. Pursuant to a "Classification Plan" promulgated by the Administrative Board of the Judicial Conference, petitioner was
reclassified as Clerk I, effective July 1, 1966. While some of the Clerks previously in Class B were in fact reclassified
as Clerk II, petitioner, however, was informed that if he wished to qualify for a Clerk II position, he would have to take
a competitive examination. Petitioner contends that he is entitled to the classification of Clerk II, without being required
to take an examination. The essence of petitioner's claim is that prior to reclassification he had been performing the functions
of Clerk B and that these functions are substantially the same as those established for the position of Clerk II. The mere
fact that an employee performed certain duties out-of-title does not entitle him to a new position incorporating such duties
since this would in effect result in a promotion without taking promotional examination. (See Matter of Goldhirsch v. Krone,
18 N.Y.2d 278.) The question is whether respondent, prior to reclassification, had performed "in-title" the work now classified
as Clerk II. This is a question of fact and within the province of the trier of the facts. Special Term found that prior to
the reclassification, respondent, through competitive examination, and by virtue of his appointment as Clerk Grade B, was
deemed qualified and did perform all the clerical duties of the court, including all those duties subsequently attached to
the reclassified title of Court Clerk II, the position respondent now seeks. A review of the record reveals that there was
a sufficient basis for this determination of fact.