Schulman v. Department of Civil Service

This is a proceeding pursuant to CPLR article 78 wherein the petitioner seeks an order directing the regrading of petitioner’s examination paper, or in the alternative directing a new promotion examination for Court Stenographer, Supreme Court.

A trial was held. The following constitutes the court’s findings of fact and conclusions of law pursuant to CPLR 4213:

On September 22, 1973 the petitioner and 154 other candidates appeared at Washington Irving High School to take a promotion examination for the position of Supreme Court Stenographer. Fourteen classrooms were used to accommodate the 155…