New York Court of Appeals

In the Matter of Albert Ottinger, as Attorney-General of the State of New York, Respondents, for a…

July 15, 1925240 N.Y. 435

Summary

The Court held that §359‑a of the General Business Law does not exempt the Attorney‑General's deputies and assistants from civil‑service examination and therefore does not strip the Civil Service Commission of its classification authority; the exemption violates Article V, section 9 of the State Constitution. The appellate court's order was reversed and the mandamus petition denied.