Samboy v. New York State Liquor Authority

Appeal from a judgment of the Supreme Court at Special Term, entered June 9, 1975 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul the appointments of respondents Kelleher and Heerdt upon the ground that their appointments were made from an inappropriate list. Subdivision 1 of section 61 of the Civil Service Law provides in pertinent part that: "Appointments and promotions shall be made from the eligible list most nearly appropriate for the position to be filled.” The question posed here is whether the use of the eligible list…