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MATTER OF HAYNES v. COUNTY OF CHAUTAUQUA

55 N.Y.2d 814 (1981)

In the Matter of Roosevelt Haynes, Appellant, v. County of Chautauqua et al., Respondents.

Court of Appeals of the State of New York.

Decided December 23, 1981.

Attorney(s) appearing for the Case

Clarence H. Snyder for appellant.

Edwin J. Kuzdale, County Attorney (Bruce K. Carpenter of counsel), for respondent.

Harvey Randall for New York State Department of Civil Service, amicus curiae.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Judge JASEN dissents and votes to reverse in an opinion.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Petitioner contends that he was improperly terminated as a medical social worker at the Chautauqua County Home and Infirmary. He received a provisional appointment on April 26, 1976. At that time, no civil service eligible list existed for the position. On October 22, 1979, an eligible list was...

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