Legal Opinion
MTR. OF MERLINO v. Schneider
New York Court of Appeals
Decided June 8, 1999PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
More than a half a century ago in Matter of Fink v Finegan (270 NY 356) and Matter of Sloat v Board of Examiners (274 NY 367) this Court articulated the standards for assessing whether an oral civil service examination is “competitive” as mandated by the New York Constitution. In this appeal we revisit these long-standing principles to determine whether an oral language proficiency examination administered by the Suffolk County Department of Civil Service passes constitutional muster.
I. Factual Background
Petitioner is an employee of the Suffolk County Department…
2Cases cited3 opinions
- Matter of Fink v. FineganNew York Court of Appeals · 1936
- Sloat v. Board of Examiners of the Board of EducationNew York Court of Appeals · 1937
- Merlino v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by4 opinions
- Parlato v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 2002
- Carrabus v. SchneiderDistrict Court, E.D. New York · 2000
- People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2004
- Matter of Social Servs. Empls. Union Local 371 v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019