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CASSIDY v. MUN. CIV SERV

37 N.Y.2d 526 (1975)

In the Matter of Raymond Cassidy, Appellant, v. Municipal Civil Service Commission of the City of New Rochelle et al., Respondents.

Court of Appeals of the State of New York.

Decided October 21, 1975.

Attorney(s) appearing for the Case

Arthur H. Grae for appellant.

Maxwell E. Charat, Corporation Counsel (Stephen G. Altman of counsel), for respondents.

Louis J. Lefkowitz, Attorney-General (Jules E. Orenstein and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.

GABRIELLI, J.

On this appeal brought directly to our court from Special Term on constitutional grounds, pursuant to CPLR 5601 (subd [b], par 2), we are called upon to determine the validity of section 61 of the Civil Service Law which provides for the method of appointment within the civil service system. Petitioner received the highest grade and ranking in a promotional examination for the position of Housing...

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