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MATTER OF SPRING v. BROADNAX

158 A.D.2d 240 (1990)

In the Matter of Jacklyn E. Spring et al., Appellants-Respondents, v. Walter D. Broadnax, as Commissioner of The State of New York Department of Civil Service and President of The State of New York Civil Service Commission, et al., Respondents-Appellants, and Tonee Chilles, Proposed Intervenor-Appellant

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

July 12, 1990

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, P. C. (William F. Sheehan of counsel), for appellants-respondents.

Robert Abrams, Attorney-General (Daniel Smirlock of counsel), for respondents-appellants.

Richard E. Casagrande (Nancy L. Burritt of counsel), for proposed intervenor-appellant.

KANE, CASEY, MIKOLL and YESAWICH, JR., JJ., concur.

MAHONEY, P. J.

An understanding of the challenged actions taken by respondent Commissioner of Civil Service (hereinafter the Commissioner) necessitates a brief review of the actions taken by the Commissioner following separate litigation which annulled a civil service eligibility list and vacated appointments from that list (see, Matter of Chiles v Burstein, 137 A.D.2d 81

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