Mark v. Department of Civil Service

The petitioner in this article 78 proceeding seeks an order declaring null and void a civil service promotional examination given by respondents for the position of senior motor vehicle referee and to restrain the appointment of any persons pursuant to the list promulgated thereunder. The respondents have cross-moved to dismiss for failure to state a cause of action and failure to exhaust administrative remedies.

The petitioner is an incumbent in the civil service position of motor vehicle referee. For the last two years petitioner has been serving as a provisional senior motor vehicle…