Gulotta v. Falk

Petitioner appeals from an order of the Supreme Court, Albany County which dismissed his petition in a proceeding under article 78 of the Civil Practice Act to review and annul a determination of the respondent Civil Service Commission. The petitioner took a promotion examination given by the respondent for the position of Assistant Special Deputy Clerk of the Queens County Court. The examination consisted of 90 multiple choice questions and the candidates were instructed to choose the “ most acceptable ” answer to each question. The passing grade was 74.50 and the petitioner received a…