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  5. 36 N.Y.2d 903 (1975)
 

MATTER OF LOCKPORT HOUS. AUTH. v. MUN. CIVIL SERV. COMM'N OF THE CITY OF LOCKPORT

36 N.Y.2d 903 (1975)

In the Matter of Lockport Housing Authority et al., Respondents, v. Municipal Civil Service Commission of the City of Lockport, Respondent, and New York State Department of Civil Service, Appellant.

Court of Appeals of the State of New York.

Decided June 5, 1975.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for appellant.

F. Richard Decatur, Jr. for petitioners-respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in Per Curiam opinion; Judge COOKE taking no part.

Per Curiam.

The record establishes that the housing authority and the affected employee initially considered his position within the competitive class. It is also established that once the employee's status in the competitive class was imperiled by his never having passed a competitive examination, the authority treated the position as an exempt one as authorized by section 41 of the Civil Service Law, and subdivision 1 of section 32 of the Public Housing Law...

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