MATTER OF KUCZKA v. CLARK


86 A.D.2d 980 (1982)

In the Matter of Kenneth A. Kuczka, Respondent, v. John V. Clark, as Commissioner of Erie County Department of Personnel, et al., Appellants

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

February 26, 1982


Judgment unanimously reversed and petition dismissed, without costs.

Memorandum:

In this CPLR article 78 proceeding to compel the local civil service official to place petitioner-appellant's name on a civil service list as a candidate for the position of police officer, the Trial Justice has erroneously construed the age eligibility requirement imposed by section 58 (subd 1, par [a]) of the Civil Service Law. That paragraph reads in part that no person shall...

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