Altamore v. Barrios-Paoli

Williams and Tom, JJ.,

dissent in a memorandum by Tom, J., as follows: I respectfully dissent and vote to affirm the IAS Court.

The pertinent facts of this case are not in dispute. In late 1987, respondent New York City Department of Personnel published a Notice for Examination No. 7022, whereby participants would be eligible for appointment to positions as firefighters with the New York City Fire Department. The exam was administered on December 12, 1987, physical examinations followed throughout 1988 and 1989 and petitioners, along with thousands of others, were placed on an eligibility list…