Adolph v. Department of Personnel

This is an article 78 proceeding brought by 21 successful candidates in a promotion examination for the position of district superintendent, Department of Sanitation, City of New York, against the city’s Department of Personnel and Civil Service Commission.

The examination was held on October 24, 1970 and was taken by approximately 500 candidates, all of them foremen in the Department of Sanitation. It consisted of 100 multiple choice questions. A score of 70% or higher was passing. Based upon the proposed key answers published by respondents shortly after the examination, 90 persons,…