Cohen v. Schechter

Order, dated February 5, 1959, dismissing petition to review determination of Civil Service Commission unanimously reversed on the law and on the facts, without costs, and the matter remitted to Special Term for trial pursuant to section 1295 of the Civil Practice Act on the issues presented. In this proceeding under article 78 of the Civil Practice Act, petitioners, who took a promotion examination for the position of Captain in the Police Department, claim that they were not treated equally with other candidates. Had they been accorded the same treatment as other candidates, petitioners…