How have the courts treated allegations of arbitrariness or bad faith against the Fire Department of New York?

In this case, the sole allegation of arbitrariness or bad faith is petitioners' wholly conclusory assertion, unsupported by any factual contentions, that in letting the 7022 list expire at the end of its intended effective extension period, the Director was motivated by a desire to allow firefighter appointments to be made from the more recently administered examination whose scoring reflected a New York City residency credit. This allegation is insufficient to overcome "the presumption of regularity and honest motivation which attaches to official acts" (Matter of Roske v. Keyes, supra, 46 A.D.2d, at 368, 363 N.Y.S.2d 21).

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