Merlino v. Schneider

Thompson, J.,

concurs in part and dissents in part and votes to dismiss the appeal from the decision and to affirm the judgment with the following memorandum: I disagree with my colleagues and conclude that the judgment should be affirmed. Courts may intervene to ensure that tests are fairly administered and that promotions are awarded according to merit and fitness (see, NY Const, art V § 6; Matter of Weitzenberg v Nassau County Civ. Serv. Commn., 172 AD2d 613, 614). However, once it is determined that the standards employed were fair and reasonable, the Court’s involvement ends (see, Matter…