Fernandes v. Silverman

On October 19, 1957 the Civil Service Commission of the City of Yonkers conducted a written examination for promotion to police sergeant. There were 80 multiple choice questions. The instructions to the candidates in pertinent part read: “ For each question, select that answer which you believe to be the most acceptable one among those listed. * ® * Note: The Commission a reserves the right to determine whether more than one of the answers listed for each question is to be deemed equally acceptable and'credited as such.” The final key answers published by the commission disclosed that, out of…