Opinion
June 17, 1938.
Appeal from Supreme Court, New York County.
Present — Martin, P.J., O'Malley, Townley, Glennon and Untermyer, JJ.
Order unanimously affirmed, with twenty dollars costs and disbursements.
The order granted the motion of the intervenors: (1) permitting them to intervene in this proceeding; (2) permitting the reargument of the original motion of the petitioners; (3) vacating the order of said court entered on January 13, 1938, as resettled by an order entered on January 30, 1938, which granted the relief sought on the original motion by petitioners; (4) denying the relief originally requested by petitioners, and (5) directing defendants, The Board of Child Welfare of the City of New York and The Municipal Civil Service Commission of the City of New York to rescind any and all action taken by either of them under said order entered on January 13, 1938, as resettled by an order entered on January 30, 1938.
The respondents have such an interest in the subject-matter of the controversy as to justify the court in permitting them to intervene. ( Matter of Jones v. Willcox, 80 App. Div. 167; Osterhoudt v. Board of Supervisors, 98 N.Y. 239.) At the time of the motion to intervene, and it may be at the present time, the State Civil Service Commission had not approved the reclassification of titles in the Board of Child Welfare included in the resolution of the Municipal Civil Service Commission of January 12, 1938. Under section 11, subdivision 2, of the Civil Service Law, this resolution will "take effect only" upon such approval. In legal effect there can be no list until "the position to be filled is classified." (Civil Service Law, § 14.) Accordingly, under our decision in Matter of Amann v. Finegan ( 253 App. Div. 364) the intervenors must prevail and the order appealed from, entered on reargument, should be affirmed, with twenty dollars costs and disbursements to the respondents.