The three petitioners took a promotion examination for the title of Captain in the New York City Police Department (PE 1506). The passing grade on the written test was set at 74.4. None of them achieved such a grade and therefore they were not included in the "eligibles" list for PE 1506. Subsequently, in another action involving the same promotion examination, Matter of Culley v Bronstein, Supreme Court, New York County (Kapelman, J.), entered an order on November...
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