Figueroa v. Bronstein

This is an article 78 proceeding commenced by petitioner to review and annul respondent’s determination disqualifying petitioner for employment as a correction officer with the New York City Department of Correction. The disqualification was founded on the fact that petitioner was aged 35 years, 4 months and 4 days, at the time he took the Civil Service examination and that, pursuant to statute, the applicable regulations and notice of examination required that applicants be less than 32 years of age on the date of the written test.

Petitioner contends that the regulation and the relevant…