Mitchell v. Poston

—Judgment unanimously reversed, on the law and facts, without costs, and petition dismissed. Memorandum: The respondent was a candidate for the competitive civil service position of Assistant Regional Park Manager. The candidates were graded on tests divided into written and oral segments. Under the rules, only the top 20 candidates passing the written test were eligible for the oral test. Respondent not only was not among the top 20 candidates, but he failed to pass the written test. He brought this special proceeding under CPLR article 78 to set aside the results because of an error in…