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MATTER OF TRAGER v. KAMPE

99 N.Y.2d 361 (2003)

786 N.E.2d 36

756 N.Y.S.2d 137

In the Matter of GREGG D. TRAGER, Respondent, v. KARL KAMPE, as Executive Director, et al., Constituting the Nassau County Civil Service Commission, Appellants.

Court of Appeals of the State of New York.

Decided February 20, 2003.

Attorney(s) appearing for the Case

Lorna B. Goodman, County Attorney, Mineola (David B. Goldin, Gerald R. Podlesak and Elizabeth Botwin of counsel), for appellants.

Jordan E. Trager, Sayville, for respondent.

Chief Judge KAYE and Judges CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

SMITH, J.

The issue before this Court is whether a local civil service commission can establish a residency requirement for an examination for police officers merely by including such a requirement in the notice for the examination. We conclude that it cannot.

In March 1977, the Nassau County Civil Service Commission promulgated rule X, which set forth residency requirements for...

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