Hatala v. McCaul

Judgment (denominated an order), Supreme Court, New York County (Bruce Allen, J.), *667entered March 11, 1998, which, in a proceeding pursuant to CPLR article 78 seeking to annul respondent’s determination denying petitioner a promotion to Supervising Bank Examiner, denied the petition, unanimously affirmed, without costs.

Petitioner was not promoted to the position of Supervising Bank Examiner even though his score on the civil service examination administered to determine eligibility for promotion to that position was higher than the scores of several others who were promoted. It is not disputed…