196 Misc. 302 | N.Y. Sup. Ct. | 1949
This is an application under article 78 of the Civil Practice Act for an order directing the municipal civil service commission to remove from the promotion eligible list of deputy superintendent of women prisoners, department of correction, the name of Loretta Y. Moran.
Miss Moran took a competitive examination, the passing mark of which was 70%. She received a grade of 69.5%. The commission passed her pursuant to the provisions of subdivision 4a of section Y of rule Y of its rules. That rule provides that “Whenever the pass mark * * * of an examination has been established in terms of a percentage, candidates obtaining a rating within any fractional part above the next lower whole number shall be considered as having attained such pass mark.” The validity of the rule has been upheld in Matter of Lane v.
The petition is dismissed.