In Cassidy v. Municipal Civil Service Commission of the City of New Rochelle, 37 N.Y.2d 526, the Petitioner had received the highest grade and ranking for a Promotional Examination for the position of Housing Code Enforcement Supervisor. The Commissioner of the Municipal Civil Service chose the second highest ranked individual for the position. The Court held that Petitioner, while he received the highest grade on the examination, did not possess any mandated right to appointment. The "one in three' rule provides that an appointing authority must select one of three candidates, who scored highest, ranked on an eligible list to fill the relevant position. The appointing authority has some discretion in choosing which of the three candidates is most qualified for the particular position. The eligible list dictates to the appointing authority all of those eligible to fill a specific position but the Court has consistently recognized that the statute permits the appointing authority to consider more than mere test scores in determining who is best suited for a particular position. (See Id.)