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MATTER OF KATZ v. HOBERMAN

28 N.Y.2d 530 (1971)

In the Matter of Arthur Katz et al., Respondents, v. Solomon Hoberman, as Personnel Director of the Department of Personnel of the City of New York and as Chairman of the Civil Service Commission of the City of New York, et al., Appellants. In the Matter of John J. Elliott et al., Respondents, v. Solomon Hoberman et al., Constituting the Department of Personnel of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided January 7, 1971.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Edmund B. Hennefeld and Stanley Buchsbaum of counsel), for appellants.

Sylvester J. Garamella, Vincent P. Rao and Richard T. Sinrod for Arthur Katz et al., respondents.

A. Bernard King for John J. Elliott et al., respondents.

In the Matter of Elliott: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON concur; Judge SCILEPPI dissents and votes to affirm on the opinion at Special Term in Matter of Katz v. Hoberman, decided herewith.

MEMORANDUM.

It is a "fair argument", and this is the test of the arbitrariness with which the commission is charged (see Matter of Wirzberger v. Watson, 305 N.Y. 507, 513), first, that familiarity with the questions in dispute, and knowledge of the official answers to them, derived by some examinees from prior study of the 1962 Police Yearbook could well impair the competitiveness...

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