BECKER v. NYS CIV SERV COMM


61 N.Y.2d 252 (1984)

In the Matter of Andrea Becker, Respondent, v. New York State Civil Service Commission et al., Appellants.

Court of Appeals of the State of New York.

Decided February 28, 1984.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Arlene R. Silverman and Peter H. Schiff of counsel), for appellants.

Aaron R. Sobel for respondent.

Judges JASEN, JONES and MEYER concur with Judge KAYE; Judge WACHTLER dissents and votes to affirm in a separate opinion in which Chief Judge COOKE concurs; Judge SIMONS taking no part.


KAYE, J.

Respondent, a speech and hearing therapist, was continued in her provisional civil service appointment for two months and eight days after a list, by which she became eligible for permanent appointment to that position, was established. Special Term concluded that, because of her retention in the position for more than two months after the eligible list was established (which is a violation of Civil...

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