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  5. 33 N.Y.2d 197 (1973)
 

MATTER OF SONTAG v. BRONSTEIN

33 N.Y.2d 197 (1973)

In the Matter of Marilyn Sontag, Appellant, v. Harry L. Bronstein, Individually and as Director of the New York City Department of Personnel, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 15, 1973.

Attorney(s) appearing for the Case

Eve Cary, Ruth Bader Ginsburg, Paul G. Chevigny and Andrea Stavin Hayman for appellant.

Norman Redlich, Corporation Counsel (Bernard Burstein and Stanley Buchsbaum of counsel), for respondents.

Chief Judge FULD and Judges BURKE, BREITEL, GABRIELLI, JONES and WACHTLER concur.

JASEN, J.

In September, 1970, the petitioner, Marilyn Sontag, received a provisional civil service appointment as an audio-visual aid technician at Hunter College in the City of New York. In early 1972, she took and passed the written civil service examination for the position, but failed a portion of the physical test requiring a candidate "by sheer muscular effort, to raise a 25-pound dumbbell with one hand...

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