Matter of Potts v. Kaplan

Respondents are honorably discharged veterans of the World war. Four of them have passed competitive examinations for promotion to the rank of lieutenant in the fire department of the city of New York and three have passed competitive examinations for promotion to the rank of sergeant in the police department. All hold positions on eligible lists promulgated by the Municipal Civil Service Commission. The intervening appellants, also honorably discharged veterans, have passed the same examinations, but with lower ratings than respondents, and have secured positions on the same eligible lists.…