Spina v. County of Chautauqua

In this CPLR article 78 proceeding respondents-appellants appeal from Special Term’s order directing restoration of petitioner-respondent’s name to the eligibility list for the position of County Police Patrolman established following competitive examination therefor. The primary issue raised on this appeal is the construction of section 58 (subd 1, par [a]) of the Civil Service Law wherein the maximum age eligibility of 29 years, with provision therein contained for debiting of military service time as provided in subdivision 10-a of section 243 of the Military Law, is prescribed for…