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MATTER OF CHILES v. BURSTEIN

137 A.D.2d 81 (1988)

In the Matter of Tonee Chiles et al., Respondents, v. Karen S. Burstein et al., as Commissioners of The Civil Service Commission, et al., Appellants

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

May 5, 1988

Attorney(s) appearing for the Case

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

Richard E. Casagrande (Nancy L. Burritt of counsel), for respondents.

MAHONEY, P. J., KANE, CASEY and WEISS, JJ., concur.

MIKOLL, J.

The issue before us is whether Supreme Court was correct in finding that the use of a nomination procedure in conjunction with zone scoring in a civil service examination violated the constitutional and statutory requirements that appointments be made upon merit and fitness (NY Const, art V, § 6; Civil Service Law § 50 [1]).

Respondent Department of Civil Service (hereinafter the...

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