Acosta v. Lang

Order entered on or about March 29,1962, unanimously reversed and vacated on the law, without costs, and the motion for an order dismissing the petition herein granted on the law, without costs. It is well settled that the Civil Service Commission has wide discretion in the matter of preparing and grading of civil service examinations, and that, in the absence of a showing of illegality, bad faith or arbitrary conduct, its decision will not be disturbed (Matter of Blumenthal v. Morton, 273 App. Div. 497, 499, affd. 298 N. Y. 563). Where, as here, a petition in an article 78 proceeding attacks…