Ruddy v. Connelie

Larkin, J. (dissenting).

We take differing views of the actions of the Appellate Division with respect to "ethnic minorities” and women. The Civil Service Law has long recognized the need to "limit certification from an eligible list to one sex when the duties of the position involved relate to the institutional or other custody or care of persons of the same sex, or visitation, inspection or work of any kind the nature of which requires sex selection” (Civil Service Law, §60 subd 2; emphasis supplied). We are persuaded by the arguments of the appellants regarding the need of the division for…