44 A.D.2d 645 | N.Y. App. Div. | 1974
Judgment unanimously reversed, without costs, and matter remitted for a hearing at Special Term in accordance with the following memorandum: Petitioner’s permanent appointment as an Engineering Technician with the State Department of Transportation was terminated on February 23, 1972 by respondent, New York State Department of Civil Service, on the ground that he was disqualified from taking the Civil Service examination for this position which was given by the respondent in 1970. The position required, inter alia, satisfactory completion of a two-term course in geometry. Respondent concluded that petitioner’s successful completion of a course entitled “ Essentials of Math II ” at Mohawk Valley Community College (Utica) did not meet the geometry requirement. The basis upon which respondent reached this determination was information contained in a postdated college (MVCC) catalogue, a confidential education