Barry v. Department of Personnel, Civil Service Commission
Opinion of the Court
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 the protest procedure to be followed by the explicit instructions contained in the booklets and, under the facts in this record, could "reasonably have been expected to read the directions for protesting answers”. (Matter of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.