MATTER OF BARRY v. DEP'T OF PERS., CIVIL SERV. COMM'N, CITY OF NEW YORK


49 A.D.2d 722 (1975)

In the Matter of Edward P. Barry et al., Appellants, v. Department of Personnel, Civil Service Commission, City of New York, et al., Respondents, and Daniel J. Rivituso et al., Intervenors-Respondents

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

September 25, 1975


In all other respects the judgment appealed from is affirmed, without costs and without disbursements.

It is conceded that all of the petitioners, save Mittelman, failed to file timely protests, as required by the instructions contained in the examination booklets utilized. Each of the petitioners was made aware of the protest procedure to be followed by the explicit instructions contained in the booklets and, under the facts in this record, could "reasonably...

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