Furman v. Marsh

This proceeding is brought under article 78 of the Civil Practice Act. Petitioners are clerks, grade 3, employed in the Finance Department of which the City Treasurer is the head (New York City Charter [1938], § 411). They competed unsuccessfully in a promotion examination for promotion from grade 3 to grade 4. The examination wás in two parts, part I held November 6,1943, which they and others passed and became eligible to take part II held March 25, 1944. Petitioners competed in part II unsuccessfully, by failing to attain a rating therein of 70%. Sixty-nine other competitors passed and are…