Gentile v. Niesley

This is an article 78 proceeding in which the petitioner seeks to raise the mark of 61.75% which he received on a promotional examination taken by two people for the position of principal construction inspector in the Planning Commission.

The papers are in a confused state in which questions are broken up into parts which do not coincide with their divisions on the examination itself and questions not appealed from are discussed by both the petitioner and the specialists hired by the respondents to prepare and grade the examination.

Confining ourselves to the matters appealed from, first to the…