Kelleher v. Lang

This is a proceeding pursuant to article 78 of the Civil Practice Act wherein the petitioner, a policeman, seeks an order directing the respondents to correct the rating of petitioner’s answer to a question on a promotional examination from the rank of Sergeant to Lieutenant, Police Department, New York City.

Examinations for promotion to Housing Officer Lieutenant, and Lieutenant, Police Department, and Transit Lieutenant were held by the respondents. These examinations contained multiple choice questions, the first 56 of which were identical, as were the answers, with the exception of…