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MATTER OF NEW YORK CITY DEP'T OF PERS. v. NEW YORK STATE DIV. OF HUMAN RIGHTS

44 N.Y.2d 904 (1978)

In the Matter of New York City Department of Personnel, Respondent, v. New York State Division of Human Rights, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 1978.

Attorney(s) appearing for the Case

Elaine Berger and Ann Thacher Anderson for appellant.

Allen G. Schwartz, Corporation Counsel (Carolyn E. Demarest and Leonard Koerner of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. Complainant did not file her complaint until after the list of eligibles from which she seeks appointment had expired. Hence, even though she might have been improperly passed over for appointment due to discrimination on the basis of age, she may not now seek appointment from that expired list (Matter of Cash v Bates, 301...

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