Ruddy v. Connelie

Mahoney, J. (concurring).

Since the Black, Spanish and female applicants were given preference purely on the basis of skin color, gender and ethnic heritage, I agree that their appointments were improperly made.

While I concur with Justice Kane that the resolution of the constitutional issue is despositive, I feel that additional comment with respect to examination content and selection of eligibles is necessary for future guidance in this developing area of the law.

Dictum in Matter of Council of Supervisory Assns. of Public Schools of N. Y. City v Board of Educ. (23 NY2d 458, 467) indicates…