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MUNDY v. NASSAU CIV SERV COMM

44 N.Y.2d 352 (1978)

Bernard F. Mundy et al., Individually and on Behalf of All Other Employees of the Nassau County Department of Probation Similarly Situated, Respondents, v. Nassau County Civil Service Commission et al., Appellants, and Probation Officers Benevolent Association, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided May 11, 1978.

Attorney(s) appearing for the Case

William Gitelman, County Attorney (William S. Norden and Natale C. Tedone of counsel), for Nassau County Civil Service Commission and others, appellants.

Louis J. Lefkowitz, Attorney-General (Lillian Z. Cohen and Samuel A. Hirshowitz of counsel), for the State of New York and another, appellants.

Hartman & Alpert for intervenor-appellant.

Robert M. Calica and Bernard S. Meyer for respondents.

Judges GABRIELLI, FUCHSBERG and COOKE concur with Judge WACHTLER; Chief Judge BREITEL dissents and votes to reverse and dismiss in a separate opinion in which Judges JASEN and JONES concur.

WACHTLER, J.

In this proceeding, originally commenced as an action for a declaratory judgment, 24 provisional employees of the Nassau County Probation Department, who failed or received low grades on civil service tests for permanent appointment, claim that the exams are illegal and invalid because they are not sufficiently job-related. Special Term treated the complaint as a petition in an article 78 proceeding...

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