Petitioner, a patrolman in the police department of the City of Johnstown since 1969, took a competitive examination on May 5, 1979 for the position of sergeant and he placed second on the eligibility list. However, petitioner was passed over and respondent Cook, who ranked third on the list and had fewer years of service with the police department, was appointed. Thereafter, petitioner commenced the instant article 78 proceeding to declare the appointment of respondent Cook...
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