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MATTER OF SHERMAN v. LEONARD

40 N.Y.2d 1038 (1976)

In the Matter of Vivian Sherman, Appellant, v. Adele Leonard, as Executive Directrix, Nassau County Civil Service Commission, Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1976.

Attorney(s) appearing for the Case

Vivan Sherman, appellant pro se.

James M. Catterson, Jr., County Attorney (William S. Norden, Natale C. Tedone and Joshua A. Elkin of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed. Appellant was never appointed as a Probation Officer II, nor was she ever provisionally appointed as a Senior Probation Officer, the predecessor category to Probation Officer II, as were the 63 other civil servants. As a result, she was not in line for advancement as she met neither the one-year requirement as Probation Officer II nor the three-year requirement...

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