Opinion
November 29, 1949.
Appeal from Supreme Court, Albany County.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ.
The proceeding sought mandatory relief against the respondent, as Director of the Budget, ordering him to refrain "from further illegal disapproval" of a reclassification of the civil service position of motor vehicle operator to that of chauffeur. The State Classification Board recommended the reclassification but the Director of the Budget disapproved the recommendation on the ground that in his opinion the title of motor vehicle operator was a proper one to describe the duties of certain employees. Under the statute the board had the power to recommend the reclassification but the same could become effective only after approval by the Director of the Budget. (Civil Service Law, § 47, now § 39-a.) The power to approve includes the power to disapprove. There is nothing in this case to indicate that the disapproval was arbitrary or capricious. The court cannot override the judgment of the director. Order unanimously affirmed, without costs.