Kurtz v. Krone

Petitioners appeal from a judgment of the Supreme Court dismissing the petition in an article 78 CPLR proceeding to compel respondents to grant credit for answers to questions numbered 78, 79 and 80 on a competitive promotional examination for the position of Deputy Clerk, Supreme Court, First Judicial Department, or, in the alternative, to eliminate such questions from the examination, contending that their answers were at least as acceptable as the key answers selected by respondents. Respondents failed to file with their answer a certified transcript of the record of the proceedings under…