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MATTER OF MEAD v. BARTH

117 Misc.2d 1052 (1983)

In the Matter of C. Allen Mead, Individually and as President of Local 664 of the Civil Service Employees Association, Inc., et al., Petitioners, v. Michael Barth, Individually and as Executive Director of Health Research, Inc., et al., Respondents.

Supreme Court, Special Term, Albany County.

February 28, 1983

Attorney(s) appearing for the Case

Roemer & Featherstonhaugh (Dona S. Bulluck of counsel), for petitioners. Robert Abrams, Attorney-General (Barbara Shultz of counsel), for respondents.

EDWARD S. CONWAY, J.

This is a motion for a judgment pursuant to CPLR article 78 ordering the New York State Department of Civil Service to order and conduct a written competitive examination for the positions created within the James E. Christian Memorial Health Department and assigned to former employees of Health Research, Inc. (H.R.I.), in violation of section 45 of the Civil Service Law.

Respondents contend that this proceeding is time barred...

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