Opinion
June 24, 1938.
Appeal from Supreme Court of New York County.
Jules Jacobs of counsel [ Bernard Sternlight with him on the brief], for the petitioners.
Arthur Bainbridge Hoff, Jr., of counsel [ Paxton Blair with him on the brief; William C. Chanler, Corporation Counsel, attorney], for the defendant.
Present — O'MALLEY, TOWNLEY, UNTERMYER, DORE and COHN, JJ.
The petitioners were never appointed to the position of clerical assistant and, therefore, should not be designated as such. In the absence of a valid appointment from a proper list, the petitioners may not be designated as incumbents, even though they performed the duties of that position. ( Wood v. City of New York, 274 N.Y. 155; Farrell v. City of Buffalo, 118 App. Div. 597.)
The order should be reversed, with twenty dollars costs and disbursements to the defendant, and the petition dismissed.
Order unanimously reversed, with twenty dollars costs and disbursements to the defendant, and the petition dismissed.