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MATTER OF MALONEY v. NASSAU COUNTY CIVIL SERV. COMM'N

46 N.Y.2d 1003 (1979)

In the Matter of Frances A. Maloney, Respondent, v. Nassau County Civil Service Commission, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 1979.

Attorney(s) appearing for the Case

Edward G. McCabe, County Attorney (Joshua A. Elkin of counsel), for appellant.

Stephen Kressel and Benjamin Weinstock for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the petition dismissed for the reasons set forth in the dissenting memorandum of Mr. Justice M. HENRY MARTUSCELLO at the Appellate Division. In addition we would note that the policy against using — for qualification or credit — experience attained in violation of the Civil Service Law is so strong that even if the test announcement...

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