MATTER OF PATTERSON v. DIAMOND


284 A.D.2d 222 (2001)

726 N.Y.S.2d 427

In the Matter of RICHARD PATTERSON et al., Appellants, v. WILLIAM DIAMOND, as Director of the New York City Department of Citywide Administrative Services, et al., Respondents.

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

Decided June 21, 2001.


Petitioners are lieutenants with the New York City Fire Department who failed examination number 6518 for promotion to captain. Included in the 100-question multiple choice examination were 12 questions dealing with certified first response defibrillators (CFR-Ds). Petitioners allege that because they did not receive Fire Department training in CFR-Ds, while other candidates did, the latter had an unfair advantage, rendering the exam arbitrary and capricious and violative...

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