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DEPT PERS. v. CIVIL SERV

94 A.D.2d 5 (1983)

In the Matter of The Department of Personnel of the City of New York et al., Appellants, v. City Civil Service Commission et al., Respondents

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

May 31, 1983

Attorney(s) appearing for the Case

Fay Leoussis of counsel (Carolyn E. Demarest with her on the brief; Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for appellants.

Robert J. Krengel of counsel (Morris Weissberg, attorney), for David Bernstein, respondent.

MURPHY, P. J., SANDLER, BLOOM and ALEXANDER, JJ., concur.

MILONAS, J.

The facts of this case are not in dispute. Due to a nonjob-related illness, respondent David Bernstein, an employee of the New York City Department of Sanitation, was in the hospital on March 29, 1980 and thus unable to take a scheduled civil service promotional examination. He thereafter asked that petitioner Department of Personnel provide him with the opportunity to attend a make-up examination....

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