MATTER OF LA SOTA v. GREEN


53 N.Y.2d 631 (1981)

In the Matter of Robert J. La Sota, Appellant, v. Ernest Green, as Commissioner of the Department of Public Works of the City of Yonkers, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 24, 1981.


Attorney(s) appearing for the Case

Frederick S. Buck, Jr., for appellant.

Arthur J. Doran, Jr., Corporation Counsel (Jane M. Maguire of counsel), for respondents.

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


MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the matter remitted to Supreme Court, Westchester County, for further proceedings in accordance with this memorandum.

The issue is whether petitioner was "continued in" his position as assistant water chemist and bacteriologist so as to convert his provisional status to a permanent appointment pursuant to...

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