Burke v. Sugarman

Chief Judge Breitel.

In an article 78 proceeding, petitioners, candidates for promotion on an eligible list, alleged that city-administrative agencies had ignored the applicable list in making appointments or designations to the position of Supervisor III (Welfare) in the New York City Department of Social Services. Petitioners appeal as of right on constitutional grounds from an order affirming the judgment dismissing the petition for failure to state a claim and laches.

There should be a reversal. Petitioners having passed a civil service examination and having been placed on an eligible list…