MATTER OF HENGERER v. NEW YORK CITY HUMAN RES. ADMIN.


182 A.D.2d 563 (1992)

In the Matter of Anna Hengerer et al., Appellants, v. New York City Human Resources Administration et al., Respondents

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

April 23, 1992


Inasmuch as the Civil Service Law does not require the Personnel Director to schedule examinations for any title except where a provisional employee is working in that title (Civil Service Law § 65 [2]; Matter of Pietroluongo v Ortiz, 111 Misc.2d 856, 858), we agree with the IAS court that mandamus does not lie. Furthermore, petitioners have neither exhausted their administrative remedies by seeking review with the Civil...

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