Berke v. Schechter

Froessel, J. (dissenting).

On January 30, 1954, while serving in the United States Navy, petitioner took and passed the written examination for the position of patrolman in the New York City Police Department. After being honorably discharged from the Navy in December, he was permitted to complete the examination as a special military candidate, and passed the medical and physical tests in April and May of 1955. His name was then placed on an eligible list, and he was certified to the Police Commissioner as eligible for appoint*573ment, subject to investigation as to his character and fitness.…