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MATTER OF AVERACK v. POSTON

43 A.D.2d 657 (1973)

In the Matter of Abraham Averack, on Behalf of Himself and All Others Similarly Situated, Respondents, v. Ersa H. Poston et al., Constituting The Civil Service Commission of the State of New York, Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 29, 1973

This article 78 proceeding was commenced on March 16, 1970 on behalf of 82 Supervising Tax Examiners, Grade 20, to review the determination of the Civil Service Commission which denied their application for reallocation of their positions to Associate Tax Examiner, Grade 23, by a title structure change and without examination. On September 3, 1970, Special Term, Albany County, ordered a trial of the following issue: "Whether the positions of Supervising Tax Examiner and Associate...

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