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MATTER OF MAURIZIO v. HOBERMAN

39 A.D.2d 524 (1972)

In the Matter of Frank H. Maurizio et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. Solomon Hoberman, as Personnel Director, Department of Personnel, and as Chairman of The Civil Service Commission of the City of New York, et al., Respondents, and James Flanagan, Jr., et al., on Behalf of Themselves and All Others Similarly Situated, Intervenors-Appellants

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

April 11, 1972

Unanimously modified, on the law, to the extent of remanding the matter to the respondents for reconsideration, and as so modified, affirmed, without costs and without disbursements.

The duty of establishing the requirements for the promotional examination is conferred on the respondents alone, and may not be interfered with by the courts if fairly exercised. The omission of the respondents to participate in this appeal might well imply conformance with the views...

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