MARK v. DEPT OF CIV SERV


91 Misc.2d 523 (1977)

Nathan Mark, Petitioner, v. Department of Civil Service of the State of New York et al., Respondents.

Supreme Court, Special Term, Kings County.

September 9, 1977


Attorney(s) appearing for the Case

Harvey L. Greenberg for petitioner. Louis J. Lefkowitz, Attorney-General, for respondents. Ernest Shapiro, amicus curiae.


ARTHUR S. HIRSCH, J.

The petitioner in this article 78 proceeding seeks an order declaring null and void a civil service promotional examination given by respondents for the position of senior motor vehicle referee and to restrain the appointment of any persons pursuant to the list promulgated thereunder. The respondents have cross-moved to dismiss for failure to state a cause of action and failure to exhaust administrative remedies.

The petitioner...

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