Citation Numbers: 50 A.D.2d 178
Judges: Mahoney
Filed Date: 12/12/1975
Status: Precedential
Modified Date: 1/12/2022
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 section 58 (subd 1, par [a]) of the Civil Service Law wherein the maximum age eligibility of 29 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 sum
Special Term, in granting restoration relief sought by petitioner held, in effect, that the determinative date of petitioner’s age eligibility qualification was the date of the establishment of the eligibility list. Such determination, under the facts here presented, was in error.
The provisions of subdivision 1 of section 58 of the Civil Service Law prescribing, inter alia, the 29-year-age maximum eligibility for defined police officers, are specifically addressed to appointment eligibility. Absent reference to any applicable alternate date, by implication or otherwise, the qualification requirements therein set forth must necessarily be intended to be determined as of the date of appointment. In the instant case, petitioner, having attained the "civil service age” of 29 years on May 21, 1974, by virtue of section 58 (subd 1, par [a])
The judgment should be reversed and the petition dismissed.
Moule, J. P., Cardamone, Simons and Del Vecchio, JJ., concur.
Judgment unanimously reversed, without costs, and petition dismissed.