Colavito v. New York City Civil Service Commission

Appellate Division of the Supreme Court of New York

Colavito v. New York City Civil Service Commission

277 A.D.2d 94, 716 N.Y.S.2d 387, 2000 N.Y. App. Div. LEXIS 11988

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 2000·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, New York County (Louise [95] Gruner Gans, J.), entered July 19, 1999, which dismissed the petition pursuant to CPLR article 78 challenging respondent’s grading of a civil service exam for the position of blacksmith, unanimously affirmed, without costs.

Petitioner took the written part of the examination on April 7, 1990 and the practical part in February 1991. Thereafter, petitioner received notice of his failing grade. On May 8, 1991 an eligible list for the position was established; and on May 8, 1995 the eligible list expired (Civil Service Law § 56).

This article 78 proceeding was commenced in November 1998 and petitioner served a verified supplemental petition in January 1999. The petition, essentially challenging respondent’s grading of the practical part of the examination, was properly dismissed. Where a claimant seeks to be placed on a special eligible list for a civil service position, he must commence a proceeding before the list expires, challenging the validity of the list itself (see, Matter of Deas v Levitt, 73 NY2d 525, 527, cert denied 493 US 933; see also, Matter of City of New York v New York State Div. of Human Rights, 93 NY2d 768). Concur— Williams, J. P., Mazzarelli, Lerner, Buckley and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Louise [95] Gruner Gans, J.), entered July 19, 1999, which dismissed the petition pursuant to CPLR article 78 challenging respondent’s grading of a civil service exam for the position of blacksmith, unanimously affirmed, without costs.

Petitioner took the written part of the examination on April 7, 1990 and the practical part in February 1991. Thereafter, petitioner received notice of his failing grade. On May 8, 1991 an eligible list for the position was established; and on May 8, 1995 the eligible list expired (Civil Service Law § 56).

This article 78 proceeding was commenced in November 1998 and petitioner served a verified supplemental petition in January 1999. The petition, essentially challenging respondent’s grading of the practical part of the examination, was properly dismissed. Where a claimant seeks to be placed on a special eligible list for a civil service position, he must commence a proceeding before the list expires, challenging the validity of the list itself (see, Matter of Deas v Levitt, 73 NY2d 525, 527, cert denied 493 US 933; see also, Matter of City of New York v New York State Div. of Human Rights, 93 NY2d 768). Concur— Williams, J. P., Mazzarelli, Lerner, Buckley and Friedman, JJ.

Colavito v. New York City Civil Service Commission, 277 A.D.2d 94, 716 N.Y.S.2d 387, 2000 N.Y. App. Div. LEXIS 11988 (N.Y. Ct. App. 2000).

Pincite

277 A.D.2d 94 (Colavito v. New York City Civil Service Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related