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KOSCHERAK v. SCHMELLER

Nos. 72 Civ. 3185, 72 Civ. 3432.

363 F.Supp. 932 (1973)

Helen C. KOSCHERAK, Individually and on behalf of all other persons similarly situated, Plaintiff, v. Kurt R. SCHMELLER, President, Queensborough Community College, and Harry I. Bronstein, Personnel Director and Chairman, New York Civil Service Commission, Defendants. Paul H. DaSILVA et al., Plaintiffs, v. The STATE OF NEW YORK et al., Defendants.

United States District Court, S. D. New York.

September 11, 1973.

Attorney(s) appearing for the Case

Samuel Resnicoff, New York City, for plaintiff Helen C. Koscherak.

Murray Rudman, New York City, for plaintiffs DaSilva, Dixon, Dowling and others.

Louis J. Lefkowitz, Atty. Gen., for the State of New York, by Irving L. Rollins and Arlene R. Silverman, Asst. Attys. Gen.

Norman Redlich, Corp. Counsel for the City of New York, by Frederick H. Ahrens, Jr., Bellerose, A. Michael Weber and John Nachagel, New York City, Asst. Corp. Counsels.

John G. de Roos, Gen. Counsel, New York City Transit Authority, by Helen R. Cassidy, James P. McMahon and John A. Murray, Brooklyn, N.Y., David Quient, Glen Cove, N.Y., for Police Department, City of Glen Cove.

Otto M. Bonaparte, New York City, for New York City Housing Authority.

Before HAYS, Circuit Judge and TYLER, and DUFFY, District Judges.

OPINION

TYLER, District Judge.

Plaintiffs in these consolidated actions fall into two categories: (1) civil servants, employed by agencies of New York State, Nassau County and New York City, who are seeking promotions; and (2) applicants seeking their first appointments as civil servants. All took and passed competitive examinations1 offered by the state, county or city civil service commission, and were certified to the public...

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