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  5. 79 N.Y.2d 806 (1991)
 

MATTER OF DEP'T OF PERS. OF THE CITY OF NEW YORK v. NEW YORK CITY CIVIL SERV. COMM'N

79 N.Y.2d 806 (1991)

In the Matter of Department of Personnel of the City of New York et al., Appellants, v. New York City Civil Service Commission, Respondent, and Kevin White, Respondent.

Court of Appeals of the State of New York.

Decided December 23, 1991.

Attorney(s) appearing for the Case

Victor A. Kovner, Corporation Counsel (Elaine Rothenberg and Larry A. Sonnenshein of counsel), for appellants.

Raymond E. Kerno for Kevin White, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the petition granted, the cross petition dismissed, and so much of respondent New York City Civil Service Commission's determination as awarded Kevin White back pay annulled.

In January 1985 respondent White was appointed to the New York City Housing Authority Police Department, subject to a background check. While still a probationary...

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