Plaintiff's declaratory judgment action contesting defendant's General Examination Regulation E.16.1 (59 RCNY 1-01 [p] [1]), which bars a person who cheats on a civil service examination from receiving appointments or taking future exams, should have been brought as a CPLR article 78 proceeding, since the rule in question is an administrative regulation, not a statute, and notwithstanding that plaintiff states his challenge in terms of constitutional objections (see
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CAPONIGRO v. WHITE
223 A.D.2d 365 (1996)
636 N.Y.S.2d 307
Pat Caponigro, Appellant, v. Douglas White, as New York City Personnel Director, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
January 9, 1996
January 9, 1996
Appellate Division of the Supreme Court of the State of New York, First Department.
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