Legal Opinion · Concurrence

Bridgman v. Kern

Appellate Division of the Supreme Court of the State of New York

Decided June 29, 1939Published

1ConcurrenceCohn, J.

I am of the opinion that the municipal civil service commission violated the statute in limiting the eligible list for the position of examiner to a single name where there were other qualified candidates. The statement of the president of the municipal civil service commission to the effect that individuals who came to the final orals were not unqualified and that the examiners did not appraise them on a relative basis but were to select the top one or two of the eligibles, is evidence that the eligible list was intentionally restricted to one man.

In part, this plan was executed by written…

2Cases cited4 opinions

  1. People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
  2. Sloat v. Board of Examiners of the Board of EducationNew York Court of Appeals · 1937
  3. People ex rel. Caridi v. CreelmanAppellate Division of the Supreme Court of the State of New York · 1912
  4. People ex rel. Braisted v. McCooeyAppellate Division of the Supreme Court of the State of New York · 1905

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