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SOTO-LOPEZ v. NEW YORK CITY CIVIL SERVICE COM'N

No. 38, Docket 84-7325.

755 F.2d 266 (1985)

Eduardo SOTO-LOPEZ and Eliezer Baez-Hernandez, Plaintiffs-Appellants, v. NEW YORK CITY CIVIL SERVICE COMMISSION; New York City Department of Personnel; Mark Lebow, individually and as Chairman of the New York City Civil Service Commission; and Juan Ortiz, individually and as Director of the New York City Department of Personnel, Defendants-Appellees, The Attorney General of the State of New York, Defendant-Intervenor-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 15, 1985.

Attorney(s) appearing for the Case

Robert L. Becker, New York City (Jorge Batista, Puerto Rican Legal Defense & Educ. Fund, Inc., New York City, on the brief), for plaintiffs-appellants.

Robert Abrams, Atty. Gen., State of N.Y., New York City (Brenda S. Spears, Frederick Mehlman, Asst. Attys. Gen., New York City, of counsel), submitted a brief for defendant-intervenor-appellee.

Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of New York, New York City (Gillian Sacks, New York City, of counsel), for defendants-appellees, joined the brief of defendant-intervenor-appellee.

Before OAKES, KEARSE and PRATT, Circuit Judges.

KEARSE, Circuit Judge:

The State of New York (the "State"), through article V, § 6, of its Constitution and § 85 of its Civil Service Law, provides that a New York resident who passes a civil service examination, who is a veteran of the United States armed forces, and who meets certain other criteria will have points added to his score if he was a resident of New York at the time he entered the armed forces. Plaintiffs...

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