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CARPENTER v. PLATTSBURGH

105 A.D.2d 295 (1985)

Robert W. Carpenter, Appellant-Respondent, v. City of Plattsburgh, Respondent-Appellant, and William Pearsall et al., Respondents, et al., Defendants

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

January 3, 1985

Attorney(s) appearing for the Case

O'Connell & Wolfe (Michael Hawley and J. Byron O'Connell of counsel), for appellant-respondent.

James M. Brooks (Richard B. Meyer of counsel), for respondent-appellant.

Fischer, Hughes, Bessette & Edwards (Henry A. Fischer of counsel), for William Pearsall, respondent.

Thomas A. Robinson for Leo Connick, respondent.

Roche & Wolkenbreit, P. C. (Stuart C. Henderson of counsel), for Mark T. Walsh, Jr., respondent.

KANE, J. P., WEISS, MIKOLL and YESAWICH, JR., JJ., concur.

MAIN, J.

In 1980, plaintiff and defendant William Pearsall were police officers for defendant City of Plattsburgh who sat for a civil service examination for the position of police captain. Although Pearsall received the highest score on the examination and plaintiff was not included on the list of eligible candidates because he allegedly failed the examination, plaintiff was appointed temporary captain of the...

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