Opinion
2001-09293
Argued June 17, 2003.
October 27, 2003.
In an action for a judgment declaring City of New Rochelle Civil Service Rule XIII unconstitutional as applied to police officers hired prior to its enactment, the defendants appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered September 7, 2001, which, inter alia, denied their motion for summary judgment and granted the plaintiffs' cross motion for summary judgment.
Vincent Toomey, Lake Success, N.Y. (Christine A. Gaeta and Thomas J. Marcoline of counsel), for appellants.
Thomas J. Troetti, Elmsford, N.Y., for respondents.
Before: NANCY E. SMITH, J.P., DANIEL F. LUCIANO, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order and judgment is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and it is declared that City of New Rochelle Civil Service Rule XIII is constitutional as applied to police officers hired prior to its enactment.
It is well settled that competitive examinations, as well as other considerations such as previous training and experience, are factors to be used in determining the relative fitness and merit of candidates for promotion ( see Matter of Cassidy v. Municipal Civ. Serv. Comm. Of City of New Rochelle, 37 N.Y.2d 526; Matter of Fink v. Finegan, 270 N.Y. 356; Civil Service Law § 52).
The City of New Rochelle promulgated Civil Service Rule XIII for the examination for promotion to the position of police sergeant. Its provisions, consisting of a qualifying written examination requirement testing merit and fitness as well as education requirements, satisfy constitutional and statutory standards ( see Matter of Fink v. Finegan, supra; Matter of Hedeman v. County of Dutchess, 234 A.D.2d 294; Davis v. City of Dallas, 777 F.2d 205, cert denied 476 U.S. 1116).
SMITH, J.P., LUCIANO, H. MILLER and ADAMS, JJ., concur.