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MATTER OF OBACK v. NADEL

57 N.Y.2d 620 (1982)

In the Matter of Murray M. Oback et al., Respondents, v. S. Michael Nadel, as Personnel Director of the City of New York, et al., Appellants. James Stavola, as President of the New York City Transit Police Department Sergeant Eligible Association, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided July 1, 1982.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Marvin R. Kwartler, Leonard Koerner and Stephen J. McGrath of counsel), for appellants.

Murray A. Gordon, Ronald H. Schectman and Kenneth E. Gordon for respondents.

Chief Judge COOKE and Judges GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Judge JASEN dissents and votes to reverse in an opinion in which Judge JONES concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Petitioners brought the present article 78 proceeding to challenge the validity and correctness of certain answers on an examination given for promotion to the position of sergeant of the New York City Transit Police Department. Supreme Court determined that the petition should not...

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