§ 95. Duties of public officers. It shall be the duty of all officers
of the state of New York or of any civil division or city thereof to
conform to and comply with and to aid in all proper ways in carrying
into effect the provisions of this chapter, and the rules and
regulations prescribed thereunder. No officer or officers having the
power of appointment or employment shall appoint or select any person
for appointment, employment, promotion or reinstatement except in
accordance with the provisions of this chapter and the rules and
regulations established thereunder. Any person employed or appointed
contrary to the provisions of this chapter or of the rules and
regulations established thereunder shall be paid by the officer or
officers so employing or appointing, or attempting to employ or appoint
him, the compensation agreed upon for any services performed under such
appointment or employment or, in case no compensation is agreed upon,
the actual value of such services and any necessary expenses incurred in
connection therewith, and shall have a cause of action against such
officer or officers for such sum and for the costs of the action. No
public officer shall be reimbursed by the state or any of its civil
divisions for any sums so paid or recovered in any such action.