Judgment unanimously modified in accordance with memorandum, and, as modified, affirmed, without costs.
Memorandum:
Petitioner, a police officer in the Police Department of the City of Rochester, took a civil service promotion examination for the position of Sergeant and he placed first on the list. Nevertheless, respondent Chief of Police on successive occasions passed over him and appointed the number two or three man on the list. It appears that petitioner...
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