Legal Opinion
Donohue v. Cornelius
New York Supreme Court
Decided February 27, 1963PublishedCited by 4 opinions
1Opinion of the Court
Ellis J. Staley, Jr., J.
Petitioner "brings this proceeding for an order under article 78 of the Civil Practice Act restraining the Superintendent of State Police from approving, honoring or certifying any appointments made as a result of the competitive promotion examination conducted for the position of Sergeant of State Police on December 16, 1961 and directing the Superintendent of the Division of State Police to set aside said examination and to grant a re-examination.
Petitioner challenges the entire examination primarily on the ground that it was not competitive. He further asserts that…
2Cases cited13 opinions
- Matter of Andresen v. RiceNew York Court of Appeals · 1938
- Matter of Fink v. FineganNew York Court of Appeals · 1936
- Sloat v. Board of Examiners of the Board of EducationNew York Court of Appeals · 1937
- Matter of Cowen v. ReavyNew York Court of Appeals · 1940
- Matter of Barthelmess v. . CukorNew York Court of Appeals · 1921
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3Cited by4 opinions
- Kirkland v. New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 1980
- Donohue v. CorneliusAppellate Division of the Supreme Court of the State of New York · 1964
- Donohue v. CorneliusNew York Supreme Court · 1963
- 23 Fair empl.prac.cas. 1217, 24 Empl. Prac. Dec. P 31,189 Edward L. Kirkland and Nathaniel Hayes, Each Individually and on Behalf of All Others Similarly Situated v. The New York State Department of Correctional Services Russell Oswald, Individually and in His Capacity as Commissioner of the New York State Department of Correctional Services the New York State Civil Service Commission Ersa Poston, Individually and in Her Capacity as President of the New York State Civil Service Commission and Civil Service Commissioner Michael N. Scelsi and Charles F. Stockmeister, Each Individually and in His Capacity as Civil Service Commissioner, and Dennis Fitzpatrick, Frank McDonnell Bruce Farrell, Thomas Farron, Vincent Digiorgio, Robert Vercile Rose, Raymond E. Friss, and Bruce Meservey, Intervenors-AppellantsCourt of Appeals for the Second Circuit · 1980