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McGOWAN v. BURSTEIN

71 N.Y.2d 729 (1988)

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

Court of Appeals of the State of New York.

Decided June 2, 1988.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (O. Peter Sherwood, Peter H. Schiff and Daniel M. Smirlock of counsel), for appellants.

Jeffrey R. Armstrong and Marjorie E. Karowe for respondents.

Peter L. Zimroth, Corporation Counsel (Elizabeth Dvorkin and Edward F. X. Hart of counsel), for City of New York, amicus curiae.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Chief Judge WACHTLER.

Article V, § 6 of our State Constitution requires that, as far as practicable, the merit and fitness of candidates for appointments and promotions in the civil service be ascertained by competitive examination. The primary question presented by this appeal is whether, consistent with this constitutional requirement, such examinations may be...

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