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  5. 28 N.Y.2d 970 (1971)
 

MATTER OF KATZ v. HOBERMAN

28 N.Y.2d 970 (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.

Reargued April 22, 1971.

Decided May 26, 1971.

Attorney(s) appearing for the Case

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

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

Thomas R. Newman, Benjamin Metviner and Benjamin H. Siff for John J. Elliott et al., respondents.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON concur in memorandum; Judge SCILEPPI dissents and votes to affirm the order appealed from in an opinion.

MEMORANDUM.

Upon reargument, we adhere to our original decision and memorandum and write further only to touch upon certain questions suggested on the reargument — one as to the propriety of the common practice of using questions propounded on previous examinations and the other as to the practicability of excising the questions here in dispute.

The examination was canceled, before any of the papers had been...

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