Matter of Melvin Deas v. Judith Levitt, Director of NYC Department of Personnel

Petitioner took a promotional competitive exam in 1983 and obtained the third highest score on the list in 1984 but was deemed psychological unfit. He appealed the disqualification and underwent a second psychological evaluation. In 1985, the New York City Director of Personal disqualified petitioner for medical reasons based on the psychiatrists’ reports. Petitioner appealed the decision. On August 14, 1986, the Civil Service Commission reversed the decision and declared petitioner medically eligible. On September 5, 1986, petitioner was notified that he could not obtain the position because the eligible list expired on August 27, 1986. Petitioner then requested that his name be placed on a special eligible list. His request was denied and petitioner commenced this article 78 proceeding. Supreme Court dismissed the petition but the Appellate Division reversed and granted the petition.

 

Petitioner argued that having successfully completed the examination he would be entitled to be considered for promotion. A competitive examination may demonstrate merit and fitness at the time of the exam but as time passes, the exam becomes a less valuable representation. Individuals who have taken a more recent exam may be more fit and better prepared. Petitioner did not allege that the eligible list was constitutionally invalid. The rule requiring civil servants to be appointed from a current and not expired list is constitutionally mandated and far from arbitrary or irrational.

 

Accordingly, the Appellate Division reversed the decision of Supreme Court and dismissed the petition reinstated, without costs.