Judgment unanimously reversed, on the law, with costs, and petition granted.
Memorandum:
On September 25, 1972 appellant Smith was hired as a provisional employee to serve as traffic engineer for the City of Buffalo. He continued as a provisional employee until a competitive civil service examination was held in May, 1974. Appellant took the examination. On September 18, 1974 he was notified that he had passed, that a list had been established and that he...
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