New York Court of Appeals, 1983

Bruno v. Le Bow

New York Court of Appeals · Decided November 1, 1983

60 N.Y.2d 826; 457 N.E.2d 798; 469 N.Y.S.2d 692; 1983 N.Y. LEXIS 3498

Cases that cite this one

3 later published cases cite this decision.

Matter of Pascazi v. New York State Bd. of Law Examiners (Appellate Division of the Supreme Court of New York 2017)
Wilson v. Abate (Appellate Division of the Supreme Court of New York 1996)
Farkas v. New York State Department of Civil Service (Appellate Division of the Supreme Court of New York 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

It was not arbitrary or capricious for respondents to have reduced the passing grade on the administrative skills component only of the three-part promotional examination for the position of lieutenant in the New York City Police Department in order to produce a sufficient pool of sergeants eligible for promotion to meet the needs of the *828department (Rules and Regulations of Personnel Director of City of New York, § 4.4.9,' subd [c]). Based on the evaluation and advice of a qualified consultant, respondents could properly conclude that the difficulty of the questions in the administrative skills component, which was a new format, had been underestimated and that the passing mark on this component of the examination only should be reduced to one standard deviation below the mean score so that candidates who would achieve the mean on a subsequent administration of the test would receive passing grades on this examination.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.