Matter of Gluck v. Rice

I concur with Judge HUBBS for reversal. Section 13 of the Civil Service Law designates the exempt class. After specifying one deputy clerk of each court, one clerk of each elective judicial officer, subdivision 4 also permits the Commission to exempt any position where examination "may be found to be not practicable." I do not think we can go so far as to say that the action of the municipal and also State Civil Service Commission has been an abuse of this discretion.