Spina v. Chautauqua County
| Decision Date | 12 December 1975 |
| Citation | 376 N.Y.S.2d 53,50 A.D.2d 178 |
| Parties | Application of John R. SPINA, Respondent, v. COUNTY OF CHAUTAUQUA et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Edwin J. Kuzdale, Dunkirk, for appellants.
Lombardo, Sellstrom & Burgett, Jamestown, for respondent (Dalton Burgett, Jamestown, of counsel).
Before MOULE, J.P., and CARDAMONE, SIMONS, MAHONEY and DEL VECCHIO, JJ.
In this CPLR Article 78 proceeding respondents-appellants appeal from Special Term's order directing restoration of petitioner-respondent's name to the eligibility list for the position of County Police Patrolman established following competitive examination therefor. The primary issue raised on this appeal is the construction of subparagraph (a), subdivision 1 of section 58 of the Civil Service Law wherein the maximum age eligibility of twenty-nine years, with provision therein contained for debiting of military service time as provided in subdivision 10--a of section 243 of the Military Law, is prescribed for appointment of defined police officers. The secondary issue concerns the authority of respondents-appellants, once having certified an eligibility list with a one-year duration, to remove a candidate's name therefrom prior to the expiration of the list.
The pertinent undisputed facts may be chronologically summariz as follows: on August 13, 1973 notice of police patrolman's Civil Service examination was posted, specifying age qualifications for candidates as 'not less than 19 years of age and must not have reached their 29th birthday by the date of the written test', with further notification that eligibility for appointment will begin when applicant reaches his 20th birthday and terminates when candidate reaches his 29th birthday. On August 16, 1973 petitioner, in response to his application filed for the subject examination, received a notice of 'Eligibility Determination' form, with checked box indicating approval as to for the purposes of the Civil Service Law. Thereafter, following canvass and oral interviews, petitioner successfully passed a required...
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