Berkowitz v. Burstein

*324OPINION OF THE COURT

Lawrence E. Kahn, J.

Stripped of all extraneous allegation, innuendo and plain old-fashioned "mud-slinging”, the sole issue to be determined in the above-captioned CPLR article 78 proceeding is whether it is practicable to ascertain merit and fitness by competitive examination for the position of revenue crimes specialist in the Department of Taxation and Finance.

By correspondence dated February 24, 1986, the Department of Taxation and Finance requested noncompetitive jurisdictional classification for new positions to be created in the Division of Tax Enforcement. The…