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MATTER OF ANDRIOLA v. ORTIZ

82 N.Y.2d 320 (1993)

624 N.E.2d 667

604 N.Y.S.2d 530

In the Matter of Lawrence Andriola et al., Respondents, v. Juan U. Ortiz, as City Personnel Commissioner, Department of Personnel, and as Chairman of the Civil Service Commission of the City of New York, et al., Appellants. William Barrett et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided November 18, 1993.

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City (Ronald E. Sternberg and Leonard Koerner of counsel), for appellants.

Colleran, O'Hara & Mills, Garden City (John F. Mills and Carol L. O'Rourke of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., BELLACOSA and SMITH concur with Judge LEVINE; Judge TITONE dissents in part in a separate opinion.

LEVINE, J.

Petitioners and intervenors were New York City firefighters when petitioners brought the instant CPLR article 78 proceeding challenging respondents' grading of 12 questions on a promotional examination for the position of Fire Department Lieutenant given October 31, 1981. Pursuant to the order of Supreme Court, New York County, dated July 11, 1988, the examination was regraded and, as a result, a special...

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