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MATTER OF ACOSTA v. LANG

23 A.D.2d 640 (1965)

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

Appellate Division of the Supreme Court of the State of New York, First Department.

March 9, 1965

Judgment entered in favor of the petitioners directing the rerating of the promotional examination, affirmed, with $50 costs to petitioners.

The Court of Appeals has held that "Where there are two equally acceptable answers to a question, the selection of one as the correct answer must be deemed to be the result of an arbitrary decision" (Matter of Acosta v. Lang, 13 N.Y.2d 1079, 1081). On this record — with particular...

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