MATTER OF MITCHELL v. POSTON


41 A.D.2d 886 (1973)

In the Matter of Charles Mitchell, Respondent, v. Ersa H. Poston, as President of The New York State Civil Service Commission, et al., Appellants

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

April 5, 1973


Judgment unanimously reversed, on the law and facts, without costs, and petition dismissed.

Memorandum:

The respondent was a candidate for the competitive civil service position of Assistant Regional Park Manager. The candidates were graded on tests divided into written and oral segments. Under the rules, only the top 20 candidates passing the written test were eligible for the oral test. Respondent not only was not among the top 20 candidates, but he failed...

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