Opinion
March 8, 1950.
Appeal from Supreme Court.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
After civil service examination petitioner entered upon State service when he was appointed assistant bank examiner on February 15, 1930. He has since continued in such service. On October 18, 1932, he was reclassified as a junior bank examiner and such was his status at the date of his petition herein, May 9, 1944. After chapter 498 of the Laws of 1938 became effective, which added sections 46, 47, 48 and 48-a to the Civil Service Law, and pursuant thereto, and in July, 1938, petitioner appealed and applied to the commission's division of classification, requesting a reclassification or allocation of his position to the grade of senior bank examiner. This was denied by the classification board in August, 1942. On September 2, 1942, he reappealed or reapplied for what had priorly been denied him and was again, in March, 1943, denied. He then appealed to the commission from the classification board's denial of his 1938 appeal or application which after hearing and consideration thereof dismissed his appeal. Throughout all these proceedings the fundamental inquiry was whether the record of petitioner's actual work performance was of a kind and grade which merited the reclassification of his position "on the basis of his duties and responsibilities." (Civil Service Law, § 48-a.) There was ample evidence to sustain the administrative determinations and it may not be said they were arbitrary or capricious. ( Matter of Buckley v. Conway, 270 App. Div. 106 6.) We find no merit as to appellant's claim that his 1942 reapplication or appeal was not specifically ruled upon by the Civil Service Commission. That application or appeal, which petitioner terms "additional notice of appeal" was acted upon by the classification board and denied and the record fails to show its denial was separately appealed to the commission. Moreover, it does not appear that any proofs submitted in support of the 1942 application were substantially different than those considered in the other. Order unanimously affirmed, without costs.