Fitzgerald v. Conway

This, proceeding, brought pursuant to article 78 of the Civil Practice Act, involves two open competitive examinations conducted by the Civil Service Commission for the positions of- State Veteran Counselor and Senior State Veteran Counselor in the Division of Veterans Affairs of the State of New York.

The petition itself has no prayer for any specific relief. The relief sought can only be ascertained by resorting to the order to show cause issued thereon.

Bespondents have made several motions in the alternative directed to the petition.

In view of the conclusion, however, which this court has…