Harchack v. Bronstein

Judgment, Supreme Court, New York County, entered June 28, 1974, directing the respondent to give a makeup examination to the petitioner, unanimously modified, on the law, to the extent of reversing the judgment in favor of petitioner and directing that respondent interpose an answer and that, thereafter, the proceeding be submitted to Special Term pursuant to CPLR 7804 (subd. [f]), and otherwise affirmed, without costs or disbursements. Petitioner was scheduled to take a civil service examination for promotion to Police Sergeant. On the date of the examination, petitioner did not appear. He sought to be excused and to be allowed to take the examination on a rescheduled date because he had attended the funeral of his mother-in-law on the date the examination was originally scheduled. When he was denied rescheduling, he initiated an article 78 proceeding. Special Term denied respondent’s motion to dismiss and granted the relief requested by petitioner, holding that the exclusion of the death of a mother-in-law as an excusable absence was arbitrary and capricious. Each municipal civil service