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IN THE MATTER OF KIRMAYER v. NEW YORK STATE DEPARTMENT OF CIVIL SERVICE

24 A.D.3d 850 (2005)

805 N.Y.S.2d 185

In the Matter of DAVID KIRMAYER et al., Appellants, v. NEW YORK STATE DEPARTMENT OF CIVIL SERVICE et al., Respondents.

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

December 1, 2005.

ROSE, J.

Petitioners are state employees who took a competitive promotion examination known as the Level 2 Promotion Test Battery administered in March 2004, and then were prevented from reviewing the test and its answers because the Civil Service Commission (hereinafter Commission) had preapproved the test (see 4 NYCRR 55.5 [b]). Such prior approval is permitted where "it is demonstrated that subject matter experts have reviewed the items to confirm that the...

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