Wood v. Irving

Lawton and Davis, JJ. (dissenting).

We respectfully dissent because we believe that Civil Service Law § 58 (4) (c), as written, violates article V, § 6 of the New York Constitution. Whether an examination is practicable is usually determined by the examining authority subject to judicial review (see, e.g., Matter of Berkowitz v New York State Civ. Serv. Commn., 150 AD2d 978, lv denied 74 NY2d 610). Likewise, the State Legislature has the right to make that determination, which is also subject to judicial scrutiny (see, e.g., Sanger v Greene, 269 NY 33, rearg denied 269 NY 613; Birkeland v…