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MATTER OF NELSON v. NEW YORK STATE CIVIL SERV. COMM'N

63 N.Y.2d 802 (1984)

In the Matter of Cheryl A. Nelson, Appellant, v. New York State Civil Service Commission et al., Respondents.

Court of Appeals of the State of New York.

Decided October 9, 1984.

Attorney(s) appearing for the Case

Arnold W. Proskin for appellant.

John K. Dalton, George N. Curtis and William T. Graham for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, though on somewhat different reasoning than stated in the opinion of that court (96 A.D.2d 132).

Subdivision 4 of section 131 of the Civil Service Law, upon which petitioner relies, applies only when an employee is "reinstated to a position in the same salary grade". The position petitioner left in 1973...

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