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MATTER OF O'NEILL v. SCHECHTER

5 N.Y.2d 548 (1959)

In the Matter of John W. O'Neill et al., Appellants, v. Joseph Schechter et al., Constituting the Civil Service Commission of the City of New York, Respondents.

Court of Appeals of the State of New York.

Decided April 16, 1959.

Attorney(s) appearing for the Case

William Goffen for appellants.

Charles H. Tenney, Corporation Counsel (Robert L. Ellis and Seymour B. Quel of counsel), for respondents.

Chief Judge CONWAY and Judges FULD and BURKE concur with Judge FROESSEL; Judge VAN VOORHIS concurring in the result upon the basis that the four months' limitation commences to run from the announcement of the grades and relative standings of the applicants for the examination; Judge DESMOND dissents in an opinion in which Judge DYE concurs.

FROESSEL, J.

Sixty-eight petitioners seek judicial review of 10 questions and answers on a competitive examination, administered by the New York City Civil Service Commission, to determine examinees' eligibility for promotion from patrolman to sergeant in the New York City Police Department. Some of the petitioners achieved a passing grade on the examination, but have joined in this proceeding because a change...

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