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MATTER OF CAVANAGH v. WATSON

201 Misc. 899 (1952)

In the Matter of Walter A. Cavanagh, Jr., et al., Petitioners, v. James S. Watson et al., Constituting The Municipal Civil Service Commission of the City of New York, Respondents.

Supreme Court, Special Term, New York County.

February 6, 1952.

Attorney(s) appearing for the Case

Samuel M. Lane and Claus Motulsky for petitioners.

Denis M. Hurley, Corporation Counsel (Joseph E. Kinsley of counsel), for respondents.

Paul Windels and John K. Clark, Jr., for Joseph Lovett, on behalf of himself and all others similarly situated, intervener, respondent.

HOFSTADTER, J.

On June 9, 1951, 5,700 candidates took a promotion examination for the position of lieutenant in the fire department of the city of New York. Only 450 passed that examination. The petitioners herein, all firemen, first grade, in the fire department were unsuccessful candidates upon that examination. In this proceeding, brought pursuant to article 78 of the Civil Practice Act, the court is asked...

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