New York Court of Appeals, 1979

Maloney v. Nassau County Civil Service Commission

Maloney v. Nassau County Civil Service Commission
New York Court of Appeals · Decided March 27, 1979
46 N.Y.2d 1003; 389 N.E.2d 839; 416 N.Y.S.2d 244; 1979 N.Y. LEXIS 1921
Maloney v. Nassau County Civil Service Commission

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the petition dismissed for the reasons set forth in the dissenting memorandum of Mr. Justice M. Henry Martuscello at the Appellate Division. In addition we would note that the policy against using — for qualification or credit— experience attained in violation of the Civil Service Law is so strong that even if the test announcement had specifically stated that such experience would be acceptable, the commission would not have been justified in approving it (Matter of Camfield v Mealy, 288 NY 149).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.

Order reversed, with costs, and the petition dismissed in a memorandum.

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