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MTR. OF RUDDY v. CONNELIE

61 A.D.2d 372 (1978)

In the Matter of Michael M. Ruddy, on Behalf of Himself and All Others Similarly Situated, Respondent, v. William G. Connelie, as Superintendent of New York State Police, et al., Appellants. (Proceeding No. 1.) Daniel Voght et al., Respondents, v. William Connelie, as Superintendent of New York State Police, Appellant. (Proceeding No. 2.)

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

February 23, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for appellants.

Arnold W. Proskin, P. C., for Michael M. Ruddy, respondent.

Parisi, De Lorenzo, Gordon & Pasquariello, P. C. (Charles R. Harding of counsel), for Daniel Voght and others, respondents.

Barashick & Finley (John W. Finley, Jr., and Michael Blinick of counsel), for New York City Correctional Officers Lodge No. 4 of the Fraternal Order of Police, amicus curiae.

SWEENEY, J. P., concurs with KANE, J.; MAHONEY, J., concurs in a separate opinion; MAIN and LARKIN, JJ., dissent and vote to modify in an opinion by LARKIN, J.

KANE, J.

It was announced in July of 1975 that a two-part competitive examination would be conducted for the purpose of filling positions as troopers in the respondent Division of State Police. Those scoring highest on the written portion of the examination, which was assigned a relative weight of 65%, were to undergo a test of their physical performance, given a relative weight of 35%, and an eligible list of...

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