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MARINO v. EVANS

87 A.D.2d 623 (1982)

John Marino et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Herbert B. Evans, as Chief Administrator of The Courts, Office of Court Administration, et al., Respondents

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

March 22, 1982

Judgment affirmed without costs or disbursements.

Respondents are allowed great discretion in their determination with respect to promotional qualifications, and if any "fair argument" can be made in support of the determination, the courts may not interfere, even if they disagree (see Matter of Wirzberger v Watson, 305 N.Y. 507; Matter of Canava v Keyes, 62 A.D.2d 997). Here, respondents...

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