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MATTER OF RUBIN v. LEVINE

41 N.Y.2d 1024 (1977)

In the Matter of Roslyn Rubin, on Behalf of Herself and All Others Similarly Situated, Appellant, v. Louis J. Levine, as Industrial Commissioner of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 26, 1977.

Attorney(s) appearing for the Case

Morton Povman for appellant.

Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald and Samuel A. Hirshowitz of counsel), for respondents.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

For the reasons expressed in Matter of Sauer v Director of Creedmoor Psychiatric Center (41 N.Y.2d 1023), we hold that respondent's policy of "horizontal displacement" does not offend seniority rights guaranteed by subdivision 1 of section 80 of the Civil Service Law.

In this case, however, petitioner...

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