Breheny v. Roche

Kupferman, J. P.,

dissents in a memorandum as follows: I would reverse and remand. I have no quarrel with the determination in Matter of Lee v Roche (78 AD2d 288), applying the standard of Matter of Acosta v Lang (13 NY2d 1079). However, the problem here is one of essential fairness. The proceeding was originally brought by the petitioners, lieutenants in the New York City Fire Department, to annul the determination of the respondents in adopting, over protest, final key answers in a promotional examination. After an initial judicial determination that a hearing on the issue was warranted, the…