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MATTER OF SOCIAL SERVS. EMPLS. UNION LOCAL 371 v. CITY OF NEW YORK

10267. 101343/16.

177 A.D.3d 405 (2019)

2019 NY Slip Op 07993

In the Matter of Social Services Employees Union Local 371, Appellant, v. City of New York et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 7, 2019.

Petitioner failed to establish that DCAS's inclusion of 20 ungraded research questions in an examination administered for the position of Associate Fraud Investigator violated the merit and fitness clause of the New York State Constitution (NY Const, art V, § 6), the state's Civil Service Law § 50(1), or was otherwise arbitrary and capricious. DCAS is afforded considerable discretion in preparing and administering civil service examinations (see Matter of Gallagher...

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