Strong v. Kennedy

The petitioner passed the examination for the position of patrolman in the Police Department. After appropriate investigation, he was certified by the Department of Personnel to the Police Department as eligible. The Police Commissioner, however, on three occasions on the same day considered the petitioner for appointment from among the three highest names on the eligible list and on each occasion passed over the petitioner in favor of another candidate. In this proceeding under article 78 of the Civil Practice Act, the petitioner complains of such refusal to appoint him as arbitrary.

He is…