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MTR. OF ROSKE v. KEYES

46 A.D.2d 366 (1974)

In the Matter of Vincent P. Roske et al., Appellants-Respondents, v. Theresa Keyes, Individually and as Personnel Officer of The County of Suffolk, et al., Respondents-Appellants

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

December 30, 1974.

Attorney(s) appearing for the Case

Neil J. Abelson for appellants-respondents.

George W. Percy, Jr., County Attorney (Patrick A. Sweeney of counsel), for respondents-appellants.

Richard Hartman for Suffolk County Patrolmen's Benevolent Association, amicus curiae.

GULOTTA, P. J., HOPKINS, MARTUSCELLO and SHAPIRO, JJ., concur.

LATHAM, J.

These are cross appeals from a judgment of the Supreme Court, Suffolk County, which granted the petition in this proceeding pursuant to article 78 of the CPLR insofar as it sought to prevent the respondents from appointing three applicants on a Suffolk County patrolman's eligible list (No. 11-143), in advance of other applicants having a higher rating, on the basis of their certified fluency in the...

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