Esposito v. New York State Department of Civil Service

Appeal, by permission, from an order of the Supreme Court at Special Term (Kahn, J.), entered November 17,1980 in Albany County, which directed a nonjury trial of factual issues purportedly raised in the course of a proceeding brought pursuant to CPLR article 78. Petitioners hold provisional appointments to positions entitled Rehabilitation Counselor and Rehabilitation Counselor Trainee in the Office of Mental Health of the New York State Department of Health. In January, 1980 the Department of Health issued an announcement of examinations to be held for these titles. The tests given…