Adler v. Lang

Eager, J. (concurring in result).

This article 78 proceeding was brought to review the determination of the Civil Service Commission denying an appeal from a decision of the Personnel Director marking petitioner “not qualified” for appointment to a city position. The reason assigned was his “ arrest record ”. Such record disclosed a wayward minor adjudication arising out of a charge of burglary and the possession of burglar’s tools; also, a later conviction, on a plea of guilty, to assault in the third degree, upon which conviction he was sentenced to one year in the penitentiary and sentence…