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MATTER OF ACOSTA v. LANG

13 N.Y.2d 1079 (1963)

In the Matter of Henry A. Acosta et al., Appellants, v. Theodore H. Lang et al., Constituting the Department of Personnel and Civil Service Commission of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 30, 1963.

Attorney(s) appearing for the Case

Murray A. Gordon for appellants.

Leo A. Larkin, Corporation Counsel (Robert E. Hugh and Seymour B. Quel of counsel), for respondents.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.

MEMORANDUM.

Special Term ordered a trial to determine whether the commission's choice of best answers to questions Nos. 1, 46, 54, 77 and 93 was so arbitrary as to violate petitioners' rights. The Appellate Division, however, held that there was no triable issue. On appeal to this court petitioners ask no more than that the Special Term order be reinstated and a trial be held...

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