Ferguson v. City of New York

Appellate Division of the Supreme Court of New York

Ferguson v. City of New York

190 A.D.2d 629

Appellate Division of the Supreme Court of the State of New York·Decided February 25, 1993·Published

Opinion

— Judgment, Supreme Court, New York County (Harold Tompkins, J.), entered January 28, 1992, which confirmed respondent’s determination denying petitioner’s challenge to an essay grade she received on a promotion examination and dismissed the petition, unanimously affirmed, without costs.

The petitioner’s contention that the scoring criteria for the third essay included knowledge of procedure, contrary to the advice on the examination itself is not supported by the record. Therefore, the IAS Court properly ruled that the respondent’s determination was not arbitrary and capricious (Matter of Greeley v City of New York, 90 AD2d 470). Concur— Murphy, P. J., Carro, Ellerin and Ross, JJ.

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— Judgment, Supreme Court, New York County (Harold Tompkins, J.), entered January 28, 1992, which confirmed respondent’s determination denying petitioner’s challenge to an essay grade she received on a promotion examination and dismissed the petition, unanimously affirmed, without costs.

The petitioner’s contention that the scoring criteria for the third essay included knowledge of procedure, contrary to the advice on the examination itself is not supported by the record. Therefore, the IAS Court properly ruled that the respondent’s determination was not arbitrary and capricious (Matter of Greeley v City of New York, 90 AD2d 470). Concur— Murphy, P. J., Carro, Ellerin and Ross, JJ.

Ferguson v. City of New York, 190 A.D.2d 629 (N.Y. Ct. App. 1993).

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Opinion

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