Barry v. Department of Personnel, Civil Service Commission

Judgment, Supreme Court, New York County, entered on March 13, 1973, dismissing this article 78 proceeding, unanimously modified, on the law, to the extent of granting the application insofar as it relates to petitioner Mittelman’s protest of the proposed key answer to Question 25. In all other respects the judgment appealed from is affirmed, without costs and without disbursements. It is conceded that all of the petitioners, save Mittelman, failed to file timely protests, as required by the instructions contained in the examination booklets utilized. Each of the petitioners was made aware of…