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MATTER OF DONOHUE v. CORNELIUS

17 N.Y.2d 390 (1966)

In the Matter of John H. Donohue, Respondent-Appellant, v. Arthur Cornelius, Jr., as Superintendent of the Division of State Police, Appellant-Respondent, and Frederick J. Penfold et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided June 9, 1966.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Herbert H. Smith, Ruth Kessler Toch and Walter J. Hogan of counsel), for appellant-respondent.

John R. Davison for intervenors-appellants.

John H. McCaddin for respondent-appellant.

John J. Mooney for Department of Civil Service, amicus curiæ.

Arthur J. Harvey for Police Conference of New York, Inc., amicus curiæ.

Chief Judges DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.

KEATING, J.

A promotional examination for Sergeant of the State Police and article 10 of the Department Rules and Regulations under which the examination was held have been discarded as unconstitutional by the Appellate Division, Third Department. Cross appeals are before us.

By an order of May 6, 1965, in an article 78 proceeding, Special Term set aside in its entirety article 10, the examination for...

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