Katz v. Hoberman

New York Court of Appeals

Katz v. Hoberman

267 N.E.2d 886, 28 N.Y.2d 530, 319 N.Y.S.2d 73, 1971 N.Y. LEXIS 1620

CourtNew York Court of Appeals

DecidedJanuary 7, 1971

StatusPublished

Cited by13 cases

This text of 267 N.E.2d 886 (Katz v. Hoberman) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Katz v. Hoberman, 267 N.E.2d 886, 28 N.Y.2d 530, 319 N.Y.S.2d 73, 1971 N.Y. LEXIS 1620 (N.Y. 1971).

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Opinion

Memorandum. It is a “ fair argument ”, and this is the test of the arbitrariness with which the commission is charged (see Matter of Wirzberger v. Watson, 305 N. Y. 507, 513), first, that familiarity with the questions in dispute, and knowledge of the official answers to them, derived by some examinees from prior study of the 1962 Police Yearbooh could Well impair the competitiveness of the examination, and, second, that the possibility of the acquisition of such prior knowledge was not so unreasonable or so remote as to warrant the finding that the commission’s action was arbitrary. Our decision in Matter of Chironna v. Watson (304 N. Y. 255, mot. for rearg. den. 304 N. Y. 738), which the parties construe with some divergence, dealt with “ defects which concededly made the original examinations noncompetitive ” (p. 258), and hence with the propriety of the corrective action undertaken, and did not, of course, encroach upon the broad area of administrative discretion conferred upon the commission in determining the basic issue of competitiveness.

The orders appealed from should be reversed, without costs, the determination of the municipal civil service commission reinstated, and the petitions dismissed.

In the Matter of Katz: Chief Judge Fuld and Judges Burke, Bergan, Breitel, Jasen and Gibson concur; Judge Scileppi dissents and votes to affirm on the opinion at Special Term.

Order reversed, without costs, the determination of the municipal civil service commission reinstated and the petition dismissed in a memorandum.

In the Matter of Elliott: Chief Judge Fuld and Judges Burke, Bergan, Breitel, Jasen and Gibson concur; Judge Scileppi dissents and votes to affirm on the opinion at Special Term in Matter of Katz v. Hoberman, decided herewith.

Order reversed, without costs, the determination of the municipal civil service commission reinstated and the petition dismissed in a memorandum.

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Memorandum. It is a “ fair argument ”, and this is the test of the arbitrariness with which the commission is charged (see Matter of Wirzberger v. Watson, 305 N. Y. 507, 513), first, that familiarity with the questions in dispute, and knowledge of the official answers to them, derived by some examinees from prior study of the 1962 Police Yearbooh could Well impair the competitiveness of the examination, and, second, that the possibility of the acquisition of such prior knowledge was not so unreasonable or so remote as to warrant the finding that the commission’s action was arbitrary. Our decision in Matter of Chironna v. Watson (304 N. Y. 255, mot. for rearg. den. 304 N. Y. 738), which the parties construe with some divergence, dealt with “ defects which concededly made the original examinations noncompetitive ” (p. 258), and hence with the propriety of the corrective action undertaken, and did not, of course, encroach upon the broad area of administrative discretion conferred upon the commission in determining the basic issue of competitiveness.

The orders appealed from should be reversed, without costs, the determination of the municipal civil service commission reinstated, and the petitions dismissed.

In the Matter of Katz: Chief Judge Fuld and Judges Burke, Bergan, Breitel, Jasen and Gibson concur; Judge Scileppi dissents and votes to affirm on the opinion at Special Term.

Order reversed, without costs, the determination of the municipal civil service commission reinstated and the petition dismissed in a memorandum.

In the Matter of Elliott: Chief Judge Fuld and Judges Burke, Bergan, Breitel, Jasen and Gibson concur; Judge Scileppi dissents and votes to affirm on the opinion at Special Term in Matter of Katz v. Hoberman, decided herewith.

Order reversed, without costs, the determination of the municipal civil service commission reinstated and the petition dismissed in a memorandum.

32 Fair empl.prac.cas. (Bna) 509, 32 Empl. Prac. Dec. P 33,666 Edward L. Kirkland, Joseph P. Bates, Sr., Arthur E. Suggs, Each Individually and on Behalf of All Others Similarly Situated v. The New York State Department of Correctional Services Thomas A. Coughlin, Iii, Individually and in His Capacity as Commissioner of the New York State Department of Correctional Services the New York State Civil Service Commission Joseph Valenti, Individually and in His Capacity as President of the New York State Civil Service Commission and Civil Service Commissioner Josephine Gambino and James McFarland Each Individually and in His/her Capacity as Civil Service Commissioner, Frederick E. Althiser, Intervenors-Appellants-Appellees

711 F.2d 1117 (Second Circuit, 1983)

Kirkland v. New York State Department of Correctional Services

552 F. Supp. 667 (S.D. New York, 1982)

Kirkland v. NY STATE DEPT. OF CORRECTIONAL SERV.

552 F. Supp. 667 (S.D. New York, 1982)

Frick v. Bahou

85 A.D.2d 786 (Appellate Division of the Supreme Court of New York, 1981)

Desmond v. Bahou

78 A.D.2d 923 (Appellate Division of the Supreme Court of New York, 1980)

Mills v. Bahou

55 A.D.2d 57 (Appellate Division of the Supreme Court of New York, 1976)

Clare v. Kirwan

50 A.D.2d 1034 (Appellate Division of the Supreme Court of New York, 1975)

Meana v. Morrison

329 N.E.2d 535 (Appellate Court of Illinois, 1975)

Elliott v. Hoberman

404 U.S. 881 (Supreme Court, 1971)

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Bluebook (online)

267 N.E.2d 886, 28 N.Y.2d 530, 319 N.Y.S.2d 73, 1971 N.Y. LEXIS 1620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katz-v-hoberman-ny-1971.

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