Walters v. Clark

Judgment unanimously affirmed, without costs. Memorandum: Petitioners appeal from a denial of the application in an article 78 proceeding to annul respondent commissioner’s determination that desk lieutenants are eligible for a competitive promotional examination for the position of police captain. They seek to revoke certain appointments of individual respondents made from the eligibility list resulting from such examination, and to restrict such eligibility list to qualifying police lieutenants only. The basis of petitioners’ claim is that the commissioner acted in an arbitrary, capricious…