LELIO v. RUTKOWSKI


127 Misc.2d 383 (1984)

Chester Lelio, Petitioner, v. Edward J. Rutkowski, as County Executive of Erie County, et al., Respondents.

Supreme Court, Erie County.

July 23, 1984


Attorney(s) appearing for the Case

Sargent & Repka, P. C. (David A. Ferster of counsel), for petitioner. Eugene F. Pigott, Jr., County Attorney (J. R. Drexelius, Jr., of counsel), for respondents.


THOMAS F. McGOWAN, J.

Effective May 31, 1983, petitioner was appointed to the position of Deputy Commissioner, Social Services, Home and Infirmary, with the County of Erie (County). The appointment was provisional, subject primarily to petitioner taking and passing a civil service examination. Subsequently he took the test and passed. On February 14, 1984, an eligible list was certified, containing two names. Petitioner was the second person on the list...

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