Matter of Gruner v. McNamara
New York Court of Appeals
I. The determination of the Municipal Civil Service Commission must be reversed if it is arbitrary, capricious, or unreasonable. II. Answer A is the best answer, as a matter of law and of fact. (Matter of Fink v. Finegan, 270 N. Y. 356.) III. Answer D is incorrect, according to defendants’ own statements. IV. At the very least, the question should he stricken from the examination. (Matter of Blumenthal v. Morton, 273 App.
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I. The determination of the Municipal Civil Service Commission must be reversed if it is arbitrary, capricious, or unreasonable. II. Answer A is the best answer, as a matter of law and of fact. (Matter of Fink v. Finegan, 270 N. Y. 356.) III. Answer D is incorrect, according to defendants’ own statements. IV. At the very least, the question should he stricken from the examination. (Matter of Blumenthal v. Morton, 273 App. Div. 497, 298 N. Y. 563.) I. The selection of a best answer to question No. 60 was a matter within the discretion of th'e commission, and it was not the province of Special…
1Per curiam
In our judgment, question No. 60 is so indefinite and ambiguous as not to be capable of a “ best ” answer — the standard fixed by the Municipal Civil Service Commission for the examination in question. In point of fact, that was the initial view of the commission when, in publishing the tentative key answers, it accepted as correct the diametrically opposite answers “ A ” and “ D ”, with the notation that the question “ does not clearly indicate ” whether or not “ the licensee was licensed to carry the particular weapon found ”. Inclusion of that sort of question deprives the examination of a…
2Cases cited1 opinion
- Matter of Fink v. FineganNew York Court of Appeals · 1936
3Cited by13 opinions
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- O'Neill v. SchechterNew York Court of Appeals · 1959
- Marcus v. KaplanAppellate Division of the Supreme Court of the State of New York · 1964
- O'Brien v. LangAppellate Division of the Supreme Court of the State of New York · 1963
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