Shaughnessy v. Falk

In this proceeding under article 78 of the Civil Practice Act the petitioner, who failed to receive a passing grade in a competitive examination for the position of assistant special deputy clerk, Supreme Court, Queens County, seeks to review the determination of the respondents who constitute the Civil Service Commission of the State of New York in fixing his mark thereon. He further seeks an order directing them to eliminate question 60 from credit consideration and to mark his answer to question 78 as correct. This would result in his attaining a passing grade. The facts are not in dispute.