Civil Procedure · MBE-tested
Charles Sorochty et al., Respondents, v. William Caparco et al., Constituting the Rochester Municipal Civil Service Commission, Appellants
34 A.D.2d 1090·New York Supreme Court, Appellate Division·1970·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Charles Sorochty et al., Respondents, v. William Caparco et al., Constituting the Rochester Municipal Civil Service Commission, Appellants.
(Appeal No. 1.)
[MAJORITY]
—Judgment unanimously reversed on the law and facts, without costs, and petition dismissed. Memorandum: The requirement of the Rochester Civil Service Commission that a candidate for Lieutenant of Detectives must have been employed at the time of the examination in the same branch and class of service as the position to be filled by completing one year of successful experience as a Sergeant of Detectives is not arbitrary or capricious. (Appeal from judgment of Monroe Special Term in article 78 proceeding to review determination of eligibility to take examination.) Present — Goldman, P. J., Witmer, Gabrielli, Bastow and Henry, JJ.