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MTR. OF MERLINO v. SCHNEIDER

93 N.Y.2d 477 (1999)

715 N.E.2d 99

693 N.Y.S.2d 71

In the Matter of CARMEN MERLINO, Respondent, v. ALAN SCHNEIDER, as Personnel Officer of the Suffolk County Department of Civil Service, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 8, 1999.

Attorney(s) appearing for the Case

Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Derrick J. Robinson of counsel), for appellants.

David Rostan, of the New Jersey Bar, admitted pro hac vice, for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and ROSENBLATT concur.

OPINION OF THE COURT

WESLEY, J.

More than a half a century ago in Matter of Fink v Finegan (270 N.Y. 356) and Matter of Sloat v Board of Examiners (274 N.Y. 367) this Court articulated the standards for assessing whether an oral civil service examination is "competitive" as mandated by the New York Constitution. In this appeal we revisit these long-standing principles to determine whether an oral language proficiency examination administered...

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