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MTR NELSON v. NYS CIVIL SERV

96 A.D.2d 132 (1983)

In the Matter of Cheryl A. Nelson, Respondent, v. New York State Civil Service Commission et al., Respondents, and Edward V. Regan, as Comptroller of The State of New York, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 3, 1983

Attorney(s) appearing for the Case

Calvin M. Berger (John K. Dalton and William T. Graham of counsel), for appellants.

Arnold W. Proskin, P. C. (Claudia R. McKenna of counsel), for Cheryl Ann Nelson, respondent.

KANE, J. P., CASEY, WEISS and LEVINE, JJ., concur.

MAIN, J.

Petitioner was a tax examiner, grade 14, with the State Department of Taxation and Finance when, in 1973, she resigned from State service for maternity reasons. Unaware that she could be reinstated to her former position, petitioner took an open competitive examination and, in March, 1979, was appointed from the eligible list to her former unit as a tax technician, grade 10. This position, due to a...

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