OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (86 AD2d 980). Nor do we find any basis to disturb the determination implicit in the disposition in that court that appellant’s allegations of delay on the part of respondent commissioner in establishing the civil service list do not provide equitable grounds for the relief that he seeks.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.