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MATTER OF CLARE v. KIRWAN

50 A.D.2d 1034 (1975)

In the Matter of Kevin Clare et al., on Behalf of Himself and All Others Similarly Situated, Appellants, v. William E. Kirwan, as Superintendent of New York State Police, Respondent. and Jerome L. O'Grady et al., Intervenors-Respondents In the Matter of Alfred F. Crary et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. New York State Police, Respondent, and Jerome L. O'Grady et al., Intervenors-Respondents

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

December 23, 1975

Seeking positions as lieutenants in the New York State Police, the petitioners in both of the instant proceedings took a promotional examination on January 25, 1975. On these appeals, they now contend that this examination should be set aside because it was not truly competitive. In support of their position, they argue that certain of those taking the examination had an unfair advantage because they were stationed in Albany at or near the Police Academy wherein a confidential...

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