Acosta v. Lang

Memorandum. Special Term ordered a trial to determine whether the commission’s choice of best answers to questions Nos. 1, 46, 54, 77 and 93 was so arbitrary as to violate petitioners’ rights. The Appellate Division, however, held that *1081there was no triable issue. On appeal to this court petitioners ask no more than that the Special Term order be reinstated and a trial be held. We cannot, therefore, go further although it is arguable that the questions themselves are on their face inexact and inappropriate and that the commissi on was purely arbitrary in its choice of “best” answers.…