Dearmyer v. Clark

Judgment unanimously affirmed, with costs. Memorandum: In this article 78 proceeding in the nature of mandamus the administrative body held no hearing to ascertain the accuracy of employment records in its determination of his civil service status prior to petitioner’s dismissal. A triable issue of fact was raised as to whether there was a rational basis for the adminis*808trative action in failing to certify petitioner in the appropriate competitive class of the civil service. A trial de novo was properly held by the court to review the propriety of respondents’ determination (CPLR 7804, subd…