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  5. 81 N.Y.2d 857 (1993)
 

MATTER OF DHAWAN v. OFFICE OF SUFFOLK COUNTY MED. EXAM'R

81 N.Y.2d 857 (1993)

In the Matter of Parmod Dhawan, Respondent, v. Office of Suffolk County Medical Examiner et al., Appellants.

Court of Appeals of the State of New York.

Decided March 25, 1993.

Attorney(s) appearing for the Case

Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Joyce D. Long and Arlene S. Zwilling of counsel), for appellants.

Cartier, Hogan, Sullivan, Bernstein & Auerbach, P. C., Patchogue (Kenneth A. Auerbach and Arthur T. McQuillan of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

The Appellate Division's inference that the list of eligibles for the position petitioner sought had been exhausted on the critical date is adequately supported by the record. Thus, petitioner was entitled to permanent appointment pursuant to Civil Service Law § 65 (4). Respondent...

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