MATTER OF SAMUEL v. ORTIZ


115 Misc.2d 893 (1982)

In the Matter of George Samuel et al., Petitioners, v. Juan Ortiz, as Personnel Director of the City of New York, Respondent.

Supreme Court, Special Term, New York County.

October 6, 1982


Attorney(s) appearing for the Case

Beverly Gross and Irving H. Glasgow for petitioners. Frederick A. O. Schwarz, Jr., Corporation Counsel (Marilyn Richter and Charles R. Foy of counsel), for respondent.


DAVID B. SAXE, J.

Where the civil service job position of custodial assistant is described as not requiring any formal educational background, and in fact none is needed for adequate employment performance, is it arbitrary and capricious for the employer City of New York to impose a written competitive examination (in the English language only) upon the employees, many of whom are of Hispanic origin and cannot read or write English? The petitioners, who...

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