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MATTER OF DEAS v. LEVITT

139 A.D.2d 1 (1988)

In the Matter of Melvin Deas, Appellant, v. Judith Levitt, as Director of The New York City Department of Personnel, et al., Respondents

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

June 28, 1988

Attorney(s) appearing for the Case

Ellen M. Weber of counsel (Margaret K. Brooks with her on the brief; Legal Action Center of the City of New York, Inc., attorneys), for appellant.

Dana Martine Robbins of counsel (Larry A. Sonnenshein with her on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for respondents.

ELLERIN, J., concurs with MILONAS, J.; WALLACH, J., concurs in a separate opinion; SANDLER, J. P., and SULLIVAN, J., dissent in an opinion by SULLIVAN, J.

MILONAS, J.

Petitioner-appellant Melvin Deas instituted this proceeding pursuant to CPLR article 78 in order to challenge the refusal by defendants, Director of the New York City Department of Personnel and the Department of Personnel, to certify him for the position of bus maintainer "A". It is petitioner's contention that defendants' action deprived him of his right to due process under both the Constitutions...

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