Wittekind v. Kern

This is an application under article 78 of the Civil Practice Act for an order directing the municipal civil service commission not to certify and directing the fire commissioner not to appoint from any such certification persons who have failed in a promotion examination and who were not on the promotion fist prior to October 5, 1938. Subdivision 3 of section XII of rule V of the municipal civil service commission required that every candidate in order to be eligible for promotion had to receive a general average of not less than eighty per cent. Examinations were held and those who received…