Hart v. Kaplan

This is an article 78 (Civ. Prac. Act) proceeding in, which petitioner, a war veteran, seeks to (a) have his name restored to the eligible list for the position of traffic and park officer of the Long Island State Park Commission, (b) have revoked the certifications and appointments of persons certified and appointed ahead of him, and (c) be certified and appointed nunc pro tunc to such position himself. The issue is whether the age limitation fixed for the position by the State Civil Service Commission can be applied to a war veteran. Petitioner’s position is that it cannot.be so applied.

The…