Callahan v. Poston

Petitioner in this article 78 proceeding ¡has ibeen appointed Provisional Police Chief of the Village of Washingtonville. He now moves to compel his certification by the Orange County Civil Service .Commissioner, The commissioner has refused to certify petitioner unless and until he takes and passes a competitive examination.

Petitioner -urges that he is exempt from the requirement of -a written ¡competitive examination -by the terms of -subdivision 3 of section 58 of the Civil Service Law, and by virtue of the fact that he is head -of a department, to wit: the Police Department, and thus…