Markowitz v. New York State Civil Service Commission

OPINION OF THE COURT

Lawrence E. Kahn, J.

This CPLR article 78 proceeding seeks a judgment annulling a determination of the respondent in which it awarded a failing grade to petitioner on an oral examination for the position of Coastal Resources Specialist II, bearing Civil Service grade 23. Simultaneously with the service of the notice of petition and the petition herein, respondent was also served with a notice to produce pursuant to CPLR 409 (subd [a]).

Said notice required the production of:

1. A certified transcript or original tape recording of petitioner’s oral examination held on or about…