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MATTER OF DAVERN v. SCHECHTER

15 Misc.2d 428 (1959)

In the Matter of Cornelius Davern and All Others Similarly Situated, Petitioner, v. Joseph Schechter et al., Constituting the Department of Personnel, Civil Service Commission of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

January 30, 1959.

Attorney(s) appearing for the Case

Samuel Resnicoff for petitioners.

Charles H. Tenney, Corporation Counsel (Irwin L. Herzog of counsel) for respondents.

ARON STEUER, J.

Petitioners are employees of the Department of Marine and Aviation. They have been prevented from taking a promotional examination for Assistant Captain open to members of the department. The reason they have been prevented was because they could not meet a requirement of the Civil Service Commission that candidates for the promotional examination present a license as first-class pilot of certain vessels "on New York Bay and Harbor to...

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