Quigley v. Roche

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the petition dismissed.

Petitioner commenced this article 78 proceeding seeking appointment to the position of Borough Foreman in the Department of Highways of the Transportation Administration of the City of New York, now the Department of Transportation. To qualify for this position one must pass a promotional examination and must have served permanently in the district foreman position for a total period of not less than one year prior to the date of promotion. Petitioner had successfully…