Matter of Acosta v. Lang, 13 N.Y.2d 1079 (1963)
When two answers to a civil service exam question are equally acceptable, the selection of one as the *only* correct answer is arbitrary and subject to judicial review, warranting a hearing.
Summary
Petitioners challenged the Civil Service Commission’s scoring of a civil service exam, arguing that their answers to certain questions were as good as or better than the Commission’s chosen answers. The Special Term initially ordered a trial to determine if the Commission’s answer choices were arbitrary. The Appellate Division reversed. The New York Court of Appeals reversed the Appellate Division, holding that a trial was warranted to determine whether the Commission acted arbitrarily by selecting one correct answer when equally acceptable alternatives existed. The Court emphasized that such a hearing does not unduly interfere with the Commission’s discretion but ensures it remains within constitutional limits.
Facts
Petitioners took a civil service exam. They disputed the Commission’s selected “best” answers to five specific questions (Nos. 1, 46, 54, 77, and 93). Petitioners contended their answers were equally valid or superior to the Commission’s key answers.
Procedural History
The Special Term ordered a trial to determine if the Commission’s choices were arbitrary, violating the petitioners’ rights. The Appellate Division reversed, finding no triable issue. The petitioners appealed to the New York Court of Appeals, seeking reinstatement of the Special Term order.
Issue(s)
Whether a civil service commission acts arbitrarily when it selects one answer as correct when another answer is equally acceptable, thereby warranting judicial review and a hearing.
Holding
Yes, because when two answers to a question are equally acceptable, selecting only one as correct is an arbitrary decision subject to judicial review, and a hearing is necessary to determine whether the Commission acted arbitrarily.
Court’s Reasoning
The Court of Appeals reasoned that the petitioner is not required to prove the Commission’s answer lacks any reasonable basis but only needs to demonstrate their answer is as good as, or better than, the key answer. Citing Matter of Fink v. Finegan, 270 N.Y. 356 and Matter of Gruner v. McNamara, 298 N.Y. 395, the Court reiterated the principle that choosing one correct answer from equally acceptable alternatives is arbitrary. The Court stated, “Where there are two equally acceptable answers to a question, the selection of one as the correct answer must be deemed to be the result of an arbitrary decision.” The Court emphasized the hearing does not interfere with the Commission’s discretion but ensures constitutional limits are respected (N. Y. Const., art. V, § 6). Even with limitations on reviewing administrative action, the power of review exists and should be exercised in appropriate cases. The Court found that this case was indeed an appropriate one for such review.