40 A.D.2d 701 | N.Y. App. Div. | 1972
In a proceeding pursuant to article 78 of the CPLR to compel respondents to cancel two promotion examinations, one for the position of Police Sergeant and the other for that of Policewoman Sergeant, petitioners appeal from a judgment of the Supreme Court Nassau County, dated March 28, 1972, which denied the application. Judgment affirmed, without costs. No opinion. Martuscello, Acting P. J., Gulotta, Brennan and Benjamin, JJ., concur; Shapiro, J., dissents and votes to reverse and to grant the application, with the following memorandum: Petitioners are employed as policewomen in the respondent Nassau County Police Department. They seek admission to a promotion examination for police sergeant. One of the requisites for taking that examination is that the candidate shall have served as a policeman for four years immediately prior to the examination. It seems to be undenied that petitioners meet all other necessary qualifications except that, as policewomen, their required four years of service immediately prior to taking the examination were not as police patrolmen but as policewomen. The announcement that the promotion examination for police sergeant was to be given on April 29, 1972 was accompanied by an announcement of a second promotion examination, to be given on the same date, for policewoman sergeant. The latter examination is described by the respondent Police Commissioner as "identical” in content with that'for police sergeant and as "similar” by the
The Court of Appeals, in stating that it agreed with the opinion of the Appellate Division, added: “ except that we do not reach the alleged constitutional question as to equal protection of the laws” (p. 746).