New York Supreme Court February 15, 1907 (Matter of Dryer)

Giegerich, J.

The petitioner rests his claim to promotion to a higher grade of clerkship, as established by the rules of the civil service commission, and to a higher compensation, not on his rank or position on any list made up as the result of an examination, but solely on section 12 of rule 15 of the civil service commission, which is as follows: “Any person *613in the competitive service who