Opinion
November 2, 1967
Order entered June 22, 1967, unanimously modified as a matter of discretion to extend stay presently in effect until the rendering of decision by Special Term in the special proceeding, subject to the conditions set out in this memorandum, and as so modified affirmed, without costs or disbursements. In this article 78 proceeding petitioners challenge a promotional examination held October 1, 1966, for the position of sergeant in the Police Department. The petition was dated June 13, 1967, returnable June 16, 1967. On June 22, respondents moved for an adjournment of the hearing until September 6, 1967. Petitioners cross-moved for a stay of any proceedings pursuant to the list. The adjournment was granted and no stay of proceedings under the list was allowed. Petitioners applied for a stay pending appeal in this court. This court stayed the promulgation of the list or certifying or promoting any candidates from it, but allowed respondents to make provisional appointments. It appears that respondents have not yet answered and there has been no hearing and hence no determination on the petition. We are somewhat at a loss to understand why the matter was not heard on the adjourned return date and disposed of. Surely both the time and energy expended on this appeal, if devoted to the prosecution and defense of the proceeding, would have seen a resolution. Rather than assess fault, we lay out the following time table, failure to adhere to which will be grounds for default. Respondents will serve their answer on or before November 8, 1967. The case will be placed on the Special Term Part I Calendar for November 13, 1967, and be heard on that day. The stay provided for herein shall continue until Special Term renders its decision on the petition, but in no event beyond November 27, 1967, by which date all proceedings, including, if necessary, trial of any issue of fact, should be concluded.
Concur — Botein, P.J., Stevens, Steuer, McNally and McGivern, JJ.