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ZIMMERMAN v. BURSTEIN

117 A.D.2d 328 (1986)

In the Matter of William F. Zimmerman, Appellant, v. Karen Burstein et al., Constituting The Civil Service Commission of the State of New York, et al., Respondents

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

May 29, 1986

Attorney(s) appearing for the Case

Richard E. Casagrande (Jeffrey G. Plant of counsel), for appellant.

Robert Abrams, Attorney-General (William J. Kogan of counsel), for Karen Burstein and others, respondents.

MAHONEY, P. J., KANE, WEISS and YESAWICH, JR., JJ., concur.

LEVINE, J.

Petitioner, along with respondents Albert Smith and Gary Stinson, was employed by the Department of Taxation and Finance in its Watertown office in Jefferson County as a Tax Auditor I, a grade 18 position in the classified civil service. That position was abolished due to budgetary constraints, and petitioner, Smith and Stinson were placed on a preferred hiring list which was certified to fill any...

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