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MATTER OF McGUINN v. CITY OF NEW YORK

248 A.D.2d 282 (1998)

670 N.Y.S.2d 460

In the Matter of Daniel McGuinn et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. City of New York et al., Respondents

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

March 24, 1998

The State Constitution's merit and fitness standard for the civil service is not violated by the subject scoring credit for New York City residency, which, after calculating the written and physical examination scores, simply adds an additional factor to the various qualifications deemed pertinent to the position sought, including economic and public safety benefits (see, Matter of Thomas v Kern, 280 N.Y. 236 [proper to give educational and athletic training...

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