New York Court of Appeals

In the Matter of Hans Andresen, Jr., Appellant, Against William G. Rice, as the Civil Service Commission of…

March 8, 1938277 N.Y. 271

Summary

The Court held that the Legislature's classification of the State police as unclassified, exempting them from competitive examinations, violates Article V, §6 of the New York Constitution; consequently, the Superintendent must discontinue appointing officers without competitive exams and make appointments from lists prepared after such examinations, and mandamus was granted to enforce this.