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MATTER OF TANZOSH v. NEW YORK CITY CIVIL SERV. COMM'N

44 N.Y.2d 906 (1978)

In the Matter of William Tanzosh, Appellant, v. New York City Civil Service Commission et al., Respondents.

Court of Appeals of the State of New York.

Decided June 8, 1978.

Attorney(s) appearing for the Case

David Goldfarb, Marshall Green, Kalman Finkel, John Kirklin and Joan Mangones for appellant.

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

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. Petitioner did not commence this article 78 proceeding seeking appointment until after the subject list of eligibles had expired. Accordingly, the courts may grant him neither appointment from that expired list (Matter of Cash v Bates, 301 N.Y. 258, 261; Matter of New York City Dept. of Personnel v New...

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