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MATTER OF CHIRONNA v. WATSON

304 N.Y. 255 (1952)

In the Matter of John Chironna et al., Similarly Situated, Appellants, v. James S. Watson et al., Constituting The Civil Service Commission of the City of New York, Respondents, and Jack R. Roitburd et al., Similarly Situated, Interveners, Respondents.

Court of Appeals of the State of New York.

Decided July 15, 1952

Attorney(s) appearing for the Case

Salvator Milazzo for appellants.

Denis M. Hurley, Corporation Counsel (Anthony Curreri and Seymour B. Quel of counsel), for respondents.

Sidney A. Fine and Morris Weissberg for interveners, respondents.

LOUGHRAN, Ch. J., LEWIS, DYE and FROESSEL, JJ., concur in Per Curiam opinion; DESMOND and FULD, JJ., dissent; CONWAY, J., not sitting.

Per Curiam.

In our opinion, the defects which concededly made the original examinations noncompetitive were not cured by the supplemental examination given only to those candidates who had selected questions that were subsequently excised from the original examinations. Hence, we think Special Term was right when it (1) directed the municipal civil service commission to annul...

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