competitive test in New York

1980Beyond that, all that is necessary is that the test selected be objective in nature and the scoring procedures reviewable ( Altman v Lang, 44 Misc.2d 751 , affd 23 A.D.2d 820 , affd 17 N.Y.2d 464 [1964]; Bobrowich v Poston, 52 A.D.2d 976 [3d Dept, 1976]; Young v Trussel, 42 Misc.2d 108 [Sup Ct, New York Co., 1964]).

1980Beyond that, all that is necessary is that the test selected be objective in nature and the scoring procedures reviewable ( Altman v Lang, 44 Misc.2d 751 , affd 23 A.D.2d 820 , affd 17 N.Y.2d 464 [1964]; Bobrowich v Poston, 52 A.D.2d 976 [3d Dept, 1976]; Young v Trussel, 42 Misc.2d 108 [Sup Ct, New York Co., 1964]).

1980Beyond that, all that is necessary is that the test selected be objective in nature and the scoring procedures reviewable ( Altman v Lang, 44 Misc.2d 751 , affd 23 A.D.2d 820 , affd 17 N.Y.2d 464 [1964]; Bobrowich v Poston, 52 A.D.2d 976 [3d Dept, 1976]; Young v Trussel, 42 Misc.2d 108 [Sup Ct, New York Co., 1964]).

1980Beyond that, all that is necessary is that the test selected be objective in nature and the scoring procedures reviewable ( Altman v Lang, 44 Misc.2d 751 , affd 23 A.D.2d 820 , affd 17 N.Y.2d 464 [1964]; Bobrowich v Poston, 52 A.D.2d 976 [3d Dept, 1976]; Young v Trussel, 42 Misc.2d 108 [Sup Ct, New York Co., 1964]).

1980Beyond that, all that is necessary is that the test selected be objective in nature and the scoring procedures reviewable ( Altman v Lang, 44 Misc.2d 751 , affd 23 A.D.2d 820 , affd 17 N.Y.2d 464 [1964]; Bobrowich v Poston, 52 A.D.2d 976 [3d Dept, 1976]; Young v Trussel, 42 Misc.2d 108 [Sup Ct, New York Co., 1964]).

1971They acknowledge that the Legislature has the power to make a factual determination that it is no longer practicable to decide fitness for a particular position on the basis of a competitive test (Matter of Barnett v. Fields, 196 Misc. 339 , affd. 276 App. Div. 903 , affd. 301 N. Y. 543 ; and more recently Matter of Maloff v. Board of Educ. of City of N. Y., 1 Misc 2d 300 , app. dsmd. 1 N Y 2d 668), but they dispute its right to do so with respect to the whole supervisory service in one fell swoop.

1971They acknowledge that the Legislature has the power to make a factual determination that it is no longer practicable to decide fitness for a particular position on the basis of a competitive test (Matter of Barnett v. Fields, 196 Misc. 339 , affd. 276 App. Div. 903 , affd. 301 N. Y. 543 ; and more recently Matter of Maloff v. Board of Educ. of City of N. Y., 1 Misc 2d 300 , app. dsmd. 1 N Y 2d 668), but they dispute its right to do so with respect to the whole supervisory service in one fell swoop.

1971They acknowledge that the Legislature has the power to make a factual determination that it is no longer practicable to decide fitness for a particular position on the basis of a competitive test (Matter of Barnett v. Fields, 196 Misc. 339 , affd. 276 App. Div. 903 , affd. 301 N. Y. 543 ; and more recently Matter of Maloff v. Board of Educ. of City of N. Y., 1 Misc 2d 300 , app. dsmd. 1 N Y 2d 668), but they dispute its right to do so with respect to the whole supervisory service in one fell swoop.

1962(Matter of Fink v. Finegan, 270 N. Y. 356, 361-362 .) But as the court reads the petition the thrust of petitioner’s argument is not that the standard or measure was one wholly subjective to the examiners — as indeed it was not — but that the questions propounded were susceptible of more than one correct answer.

1960In People v. Harris ( 294 N. Y. 424 ) where public officials joined together to effectuate the removal of an employee who had refused to testify before the Grand Jury and at the same time created a new position in the same department, carrying the same salary, to which he was appointed, all of which the defendants admitted when testifying, the court said (p. 433): “ The gist of the crime of conspiracy as defined in this statute is agreement to do an unlawful act either as a means or as an end (People v. Flack et al., 125 N. Y. 324 ), and if the unlawful act is merely malum prohibitum, the agre

1959Since petitioner did not qualify for employment on the basis of merit and fitness pursuant to a competitive test, he acquired no legal right to the position and is subject to removal at will (Matter of Scahill v. Drzewucki, 269 N. Y. 343 ).

1959Since petitioner did not qualify for employment on the basis of merit and fitness pursuant to a competitive test, he acquired no legal right to the position and is subject to removal at will (Matter of Scahill v. Drzewucki, 269 N. Y. 343 ).

1947This indicates a design and attempt on the part of the Board of Education to avoid the requirements of the Constitution and of the Civil Service Law (Matter of Wipfler v. Klebes, 284 N. Y. 248 ; Matter of Meenagh v. Dewey, 286 N. Y. 292, 298 ; Hale v. Worstell, 185 N. Y. 247 ).

1947This indicates a design and attempt on the part of the Board of Education to avoid the requirements of the Constitution and of the Civil Service Law (Matter of Wipfler v. Klebes, 284 N. Y. 248 ; Matter of Meenagh v. Dewey, 286 N. Y. 292, 298 ; Hale v. Worstell, 185 N. Y. 247 ).

1947This indicates a design and attempt on the part of the Board of Education to avoid the requirements of the Constitution and of the Civil Service Law (Matter of Wipfler v. Klebes, 284 N. Y. 248 ; Matter of Meenagh v. Dewey, 286 N. Y. 292, 298 ; Hale v. Worstell, 185 N. Y. 247 ).