Dower v. Poston

Petitioner seeks a judgment pursuant to article 78 annulling the determination of respondents Civil Service Commissioners disqualifying petitioner from appointment as Excise Tax Investigator in the State Department of Taxation and Finance, and directing respondents to reinstate him to employment with compensation from the date of termination of employment.

The record before the court discloses that petitioner made application for open competitive examination for the position of Excise Tax Investigator. The announcement of the examination stated, among other things, that conviction of a felony…