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McGOWAN v. BURSTEIN

130 A.D.2d 123 (1987)

William L. McGowan et al., Respondents, v. Karen S. Burstein et al., Constituting The Civil Service Commission of the State of New York, Appellants

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

July 30, 1987

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (O. Peter Sherwood and Barbara B. Butler of counsel), for appellants.

Marjorie E. Karowe (Jeffrey R. Armstrong of counsel), for respondents.

WEISS and HARVEY, JJ., concur with YESAWICH, JR., J.; MAHONEY, P. J., and LEVINE, J., dissent in an opinion by MAHONEY, P. J.

YESAWICH, JR., J.

This declaratory judgment action was commenced by plaintiffs, the Civil Service Employees Association, Inc., and its president, to determine the constitutional validity of an examination technique utilized by the Civil Service Commission, known as "zone testing" or "zone scoring", and to enjoin its use. Zone scoring is a test-grading technique whereby raw score results from civil service examinations...

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