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QUIGLEY v. ROCHE

51 N.Y.2d 826 (1980)

William M. Quigley, Respondent, v. Thomas F. Roche, as Personnel Director of the New York City Civil Service Commission, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 14, 1980.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Ronald E. Sternberg and L. Kevin Sheridan of counsel), for appellant.

John J. Turvey for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the petition dismissed.

Petitioner commenced this article 78 proceeding seeking appointment to the position of Borough Foreman in the Department of Highways of the Transportation Administration of the City of New York, now the Department of Transportation. To qualify for this position one must pass a promotional examination and must...

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