# Stowe v. Board of Supervisors

> Appellate Division of the Supreme Court of the State of New York · July 1, 1932 · 236 A.D. 212

URL: https://www.frixlaw.com/law-library/cases/5325583

## Case

- **Full name:** In the Matter of the Application of Byron W. Stowe, for an Order of Mandamus against The Board of Supervisors of Rensselaer County, Impleaded with John J. Diviney
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 1, 1932
- **Citations:** 236 A.D. 212; 259 N.Y.S. 503; 1932 N.Y. App. Div. LEXIS 5936
- **Precedential status:** Published
- **Opinion:** Concurrence by Kirk
- **Judges:** Hill, Hinman, Kirk
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5325583

## How later opinions describe it (automated extraction)

- discussing that in Matter of Ryan v. Vars, 224 A.D. 773, 230 N.Y.S. 903 (1928), “Ryan was decided by us to be a legislative employee and, therefore, in the unclassified service and not subject to the Civil Service Law.”

## Opinion text

Van Kirk, P. J. (concurring).
The petitioner was a bridge tender and not a legislative employee. The fact alone that an incumbent is appointed or elected by a legislative body is not conclusive. To be a legislative employee his main duties must in some manner be connected with the functioning of a legislative body. (Matter of O’Grady v. Polk, 132 App. Div. 47 ; People ex rel. Martin v. Scully, 56 id. 302.) In Matter of Ryan v. Vars ( 224 App. Div. 773 ) the petitioner was held to be a legislative employee, being a watchman in the court house which was the home of the legislative body, and was performing duties directly related to the functioning of that body; he was, therefore, in the unclassified *217 service. Stowe, the petitioner in this case, was in the classified service, as was the petitioner in Matter of McNeles v. Board of Supervisors ( 173 App. Div. 411 ; affd., 219 N. Y. 578 ).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5325583. Public record. Not legal advice.