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MATTER OF EVERS v. LANG

49 Misc.2d 227 (1966)

In the Matter of Felix Evers, Petitioner, v. Theodore H. Lang, as Personnel Director of the City of New York and as Chairman of the New York City Civil Service Commission, et al., Respondents.

Supreme Court, Special Term, New York County.

January 20, 1966

Attorney(s) appearing for the Case

O'Donnell & Schwartz (Michael Klein of counsel), for petitioner. Leo A. Larkin, Corporation Counsel (Alan L. Leibowitz of counsel), for respondents.

GEORGE TILZER, J.

This is an application pursuant to article 78 of the CPLR to compel respondent to declare petitioner eligible to compete in a promotional civil service examination and for other and alternative relief. Petitioner has already been permitted to conditionally take the promotion examination and has received a passing grade. Respondents refuse to permit petitioner to be certified as eligible for...

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