Snyder v. Civil Service Commission

New York Court of Appeals

Snyder v. Civil Service Commission

530 N.E.2d 1285, 72 N.Y.2d 981, 534 N.Y.S.2d 365, 1988 N.Y. LEXIS 2693

CourtNew York Court of Appeals

DecidedOctober 18, 1988

StatusPublished

Cited by1 cases

This text of 530 N.E.2d 1285 (Snyder v. Civil Service Commission) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Snyder v. Civil Service Commission, 530 N.E.2d 1285, 72 N.Y.2d 981, 534 N.Y.S.2d 365, 1988 N.Y. LEXIS 2693 (N.Y. 1988).

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Opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the court’s memorandum (132 AD2d 905). We do not condone the practice of the Department of Civil Service, itself charged with State-wide administration of the statutes at issue here, of filling "temporarily vacant” positions on its own staff on a provisional basis, when it concededly has no intention of ordering the examination unambiguously mandated by Civil Service Law §65 (2). The Department’s questionable practice cannot, however, result in a permanent appointment for petitioner when there is no basis in law for converting his provisional appointment to a permanent one.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the court’s memorandum (132 AD2d 905). We do not condone the practice of the Department of Civil Service, itself charged with State-wide administration of the statutes at issue here, of filling "temporarily vacant” positions on its own staff on a provisional basis, when it concededly has no intention of ordering the examination unambiguously mandated by Civil Service Law §65 (2). The Department’s questionable practice cannot, however, result in a permanent appointment for petitioner when there is no basis in law for converting his provisional appointment to a permanent one.

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530 N.E.2d 1285, 72 N.Y.2d 981, 534 N.Y.S.2d 365, 1988 N.Y. LEXIS 2693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snyder-v-civil-service-commission-ny-1988.

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