Gruner v. McNamara

The Municipal Civil Service Commission appeals from an order of the Special Term granting an *488application in a proceeding under article 78 of the Civil Practice Act. The order directed the commission: [1] to withdraw answer (D) as the best answer to question No. 60 in a promotion examination for the position of sergeant in the Police Department of the City of New York; [2] to substitute answer (A) in place of answer (D) and [3] to rerate the examination papers of all candidates accordingly. It also restrained the commission from publishing or promulgating the eligible list resulting from the…