Subdivision 1 of section 61 of the Civil Service Law provides in pertinent part that: "Appointments and promotions shall be made from the eligible list most nearly appropriate for the position to be filled." The question posed here is whether the use of the eligible list for the title "Supervising Beverage Control Investigator" was appropriate for use in filling vacancies in the position of "Executive Officer C" since no list existed for that position. Special Term concluded...
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