SPINA v. CO. OF CHAUTAUQUA


50 A.D.2d 178 (1975)

In the Matter of John R. Spina, Respondent, v. County of Chautauqua et al., Appellants

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

December 12, 1975


Attorney(s) appearing for the Case

Edwin J. Kuzdale for appellants.

Lombardo, Sellstrom & Burgett (Dalton Burgett of counsel), for respondent.

MOULE, J. P., CARDAMONE, SIMONS and DEL VECCHIO, JJ., concur.


MAHONEY, J.

In this CPLR article 78 proceeding respondents-appellants appeal from Special Term's order directing restoration of petitioner-respondent's name to the eligibility list for the position of County Police Patrolman established following competitive examination therefor. The primary issue raised on this appeal is the construction of section 58 (subd 1, par [a]) of the Civil Service Law wherein the maximum age eligibility of 29 years, with provision...

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