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VAZQUEZ v. SOC. SERVS.

56 A.D.2d 432 (1977)

In the Matter of Pedro F. Vazquez, Appellant, v. New York City Department of Social Services et al., Respondents In the Matter of Herbert Goings, Individually and on Behalf of All Other Provisional Case Aides Similarly Situated, Respondent-Appellant, v. New York City Department of Social Services et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 31, 1977

Attorney(s) appearing for the Case

Jeffrey L. Kreisberg of counsel (Stephen F. Gordon with him on the brief; Mirkin, Barre, Saltzstein & Gordon, P. C., attorneys), for appellant.

L. Kevin Sheridan of counsel (W. Bernard Richland, Corporation Counsel), for respondents and appellants-respondents.

Jeffrey L. Kreisberg of counsel (Stephen F. Gordon and Gerald J. Barre with him on the brief; Mirkin, Barre, Saltzstein & Gordon, P. C., attorneys), for respondents-appellants.

BIRNS, J. P., CAPOZZOLI and LANE, JJ., concur.

NUNEZ, J.

Herbert Goings and Pedro Vazquez held provisional appointments as Case Aides in the New York City Department of Social Services. Both took successfully the same civil service examination, with Goings being ranked 16th and Vazquez being ranked 17th on the eligibility list. Neither was appointed to a permanent position while both served in excess of the nine-month provisional appointment limitation set...

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