MATTER OF GREELEY v. CITY OF NEW YORK


90 A.D.2d 470 (1982)

In the Matter of Joseph M. Greeley et al., Respondents-Appellants, and William J. Caunitz et al., Respondents, v. City of New York et al., Appellants-Respondents, and Anthony Devivo et al., Intervenors-Respondents-Appellants

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

October 28, 1982


In regard to a challenge of the validity and correctness of certain answers on a promotional examination, under Matter of Oback v Nadel (57 N.Y.2d 620), the question is not "whether there is a rational basis for the answers designated by the administrators as correct" (id., p 621) but whether the challengers' answer is "`better or at least as good as the key answer'" (id.,...

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