Ankner v. Lang

Joseph A. Gavagan,

J. In this article 78 proceeding (Civ. Prac. Act) in the nature of a mandamus, the petitioners seek *342an order compelling respondents to hold only a promotion examination and restrain respondents from holding an open competitive examination for the position of college office assistant B.

Under subdivision 2 of section 6202-a of the Education Law:

“Vacancies * * # shall be filled, as far as practicable, by promotion from among persons holding positions in the lower grades

Petitioners urge that it is practicable to hold promotion examinations every two years and that sufficient…