New York Court of Appeals
In the Matter of John I. O'Day, against Charles T. Yeager, as Surrogate of Erie County, and Robert W. McNulty…
June 9, 1955308 N.Y. 580
Summary
The New York Court of Appeals held that the clerk of the Surrogate's Court is an independent officer, not a subordinate employee, and therefore is not protected by Civil Service Law §22 from removal without cause. Accordingly, the court reversed the Appellate Division and reinstated the Special Term's dismissal of the petition for reinstatement. Justice Dye dissented, arguing the clerk is a subordinate employee and should be protected.