Opinion
Argued January 3, 1935
Decided February 26, 1935
Appeal from the Supreme Court, Appellate Division, First Department.
Roy P. Monahan and S. Bertram Friedman for appellant.
Paul Windels, Corporation Counsel ( Paxton Blair and Henry J. Shields of counsel), for respondents. Reginald Field for American Legion, Department of New York, First District, amicus curiae.
Section 31 of the Civil Service Law (Cons. Laws, ch. 7) is not violative of the preferences allowed by section 6 of article V of the Constitution and section 21 of the Civil Service Law. While the point was not directly presented in Matter of Clancy v. Halleran ( 263 N.Y. 258), we agree with the courts below that the reasoning of the opinion in that case leads to the conclusion that section 31 of the Civil Service Law does not defeat any preference granted by section 21 in accordance with section 6 of article V of the Constitution.
The order should be affirmed, without costs.
CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ., concur; FINCH, J., not sitting.
Order affirmed.