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IBRAHIM v. NEW YORK STATE DEPT. OF HEALTH, OFFICE OF HEALTH SYSTEMS MANAGEMENT

No. 494, Docket 89-7454.

904 F.2d 161 (1990)

Shawki R. IBRAHIM, Plaintiff-Appellant, v. NEW YORK STATE DEPARTMENT OF HEALTH, OFFICE OF HEALTH SYSTEMS MANAGEMENT, New York State Department of Civil Services, New York State Department of Audit and Control, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 25, 1990.

Attorney(s) appearing for the Case

Robert Ligansky, New York City, for plaintiff-appellant.

Charles F. Sanders, Asst. Atty. Gen. of the State of N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Barbara B. Butler, Asst. Atty. Gen. of the State of N.Y., of counsel), New York City, for defendant-appellee New York State Dept. of Health, Office of Health Systems Management.

Before OAKES, Chief Judge, CARDAMONE, Circuit Judge, and POLLACK, District Judge

CARDAMONE, Circuit Judge:

On this appeal we consider whether appellant who passed an open competitive civil service examination, but did not receive an appointment in the grade to which he was thereby entitled, successfully proved a Title VII violation. Federal and state laws designed to eliminate the pernicious effects of the "spoils system" — a concept that U.S. Senator William L. Marcy found unobjectionable when he first coined the phrase in 1832 —...

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