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  5. 72 N.Y.2d 981 (1988)
 

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

72 N.Y.2d 981 (1988)

In the Matter of Harold R. Snyder, Jr., Appellant, v. Civil Service Commission of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided October 18, 1988.

Attorney(s) appearing for the Case

William F. Sheehan and Peter T. Gumaer for appellant.

Robert Abrams, Attorney-General (Peter G. Crary, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur; Judge BELLACOSA dissents and votes to reverse in another memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the court's memorandum (132 A.D.2d 905). We do not condone the practice of the Department of Civil Service, itself charged with State-wide administration of the statutes at issue here, of filling "temporarily vacant" positions on its own staff on a provisional basis, when it concededly...

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