Gould v. Griffin

Appellate Division of the Supreme Court of New York

Gould v. Griffin

69 A.D.2d 1015, 416 N.Y.S.2d 154, 1979 N.Y. App. Div. LEXIS 11801

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 13, 1979

StatusPublished

This text of 69 A.D.2d 1015 (Gould v. Griffin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gould v. Griffin, 69 A.D.2d 1015, 416 N.Y.S.2d 154, 1979 N.Y. App. Div. LEXIS 11801 (N.Y. Ct. App. 1979).

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Opinion

Judgment unanimously affirmed, without costs. Memorandum: Petitioner concedes that her appointment to the position of-librarian in the City of Hornell was as a provisional employee under section 65 of the the Civil Service Law. She admittedly has never taken a civil service examination. It is well established that a provisional appointment can never ripen into a permanent position until such time as the appointee passes the competitive examination for the position and is found to be eligible (see Civil Service Law, § 65; Mierzwa v Genesee County Civ. Serv. Comm., 55 AD2d 815; Matter of Giordana v Henry, 44 AD2d 835). (Appeal from judgment of Steuben Supreme Court—art 78.) Present—Cardamone, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.

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Judgment unanimously affirmed, without costs. Memorandum: Petitioner concedes that her appointment to the position of-librarian in the City of Hornell was as a provisional employee under section 65 of the the Civil Service Law. She admittedly has never taken a civil service examination. It is well established that a provisional appointment can never ripen into a permanent position until such time as the appointee passes the competitive examination for the position and is found to be eligible (see Civil Service Law, § 65; Mierzwa v Genesee County Civ. Serv. Comm., 55 AD2d 815; Matter of Giordana v Henry, 44 AD2d 835). (Appeal from judgment of Steuben Supreme Court—art 78.) Present—Cardamone, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.

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Bluebook (online)

69 A.D.2d 1015, 416 N.Y.S.2d 154, 1979 N.Y. App. Div. LEXIS 11801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gould-v-griffin-nyappdiv-1979.

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