Dahlem v. Leonard

Appellate Division of the Supreme Court of New York

Dahlem v. Leonard

51 A.D.2d 723, 379 N.Y.S.2d 149, 1976 N.Y. App. Div. LEXIS 11196

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 2, 1976

StatusPublished

Cited by2 cases

This text of 51 A.D.2d 723 (Dahlem v. Leonard) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dahlem v. Leonard, 51 A.D.2d 723, 379 N.Y.S.2d 149, 1976 N.Y. App. Div. LEXIS 11196 (N.Y. Ct. App. 1976).

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Opinion

In a proceeding pursuant to CPLR article 78, inter alia to prohibit respondents from reducing, on a one-time basis only, the eligibility requirements for a civil service examination for the position of police sergeant from four years’ service to two years’ service, petitioner appeals from a judgment of the Supreme Court, Nassau County, dated May 20, 1975, which dismissed the petition on the merits. Judgment affirmed, with $50 costs and disbursements. The need to create a larger pool of potential applicants because of the change from an annual to a biennial police sergeant’s examination was ample reason for the determination of the respondent Nassau County Civil Service Commission which permits police officers with only two years’ service to take the examination. A further impelling factor is that, if successful in passing the examination, no police officer with less than four years’ experience is to be certified to an eligible list for sergeant until he shall have completed four years of service. Accordingly, the judgment appealed from should be affirmed (see Matter of Cave v Krone, 51 Misc 2d 1035, 1038; Matter of Jacob v Schechter, 22 Misc 2d 549, 550). Martuscello, Acting P. J., Cohalan, Margett, Damiami and Rabin, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia to prohibit respondents from reducing, on a one-time basis only, the eligibility requirements for a civil service examination for the position of police sergeant from four years’ service to two years’ service, petitioner appeals from a judgment of the Supreme Court, Nassau County, dated May 20, 1975, which dismissed the petition on the merits. Judgment affirmed, with $50 costs and disbursements. The need to create a larger pool of potential applicants because of the change from an annual to a biennial police sergeant’s examination was ample reason for the determination of the respondent Nassau County Civil Service Commission which permits police officers with only two years’ service to take the examination. A further impelling factor is that, if successful in passing the examination, no police officer with less than four years’ experience is to be certified to an eligible list for sergeant until he shall have completed four years of service. Accordingly, the judgment appealed from should be affirmed (see Matter of Cave v Krone, 51 Misc 2d 1035, 1038; Matter of Jacob v Schechter, 22 Misc 2d 549, 550). Martuscello, Acting P. J., Cohalan, Margett, Damiami and Rabin, JJ., concur.

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Bluebook (online)

51 A.D.2d 723, 379 N.Y.S.2d 149, 1976 N.Y. App. Div. LEXIS 11196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dahlem-v-leonard-nyappdiv-1976.

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