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MATTER OF McDERMOTT v. NEW YORK STATE OFFICE OF MENTAL HEALTH

204 A.D.2d 901 (1994)

613 N.Y.S.2d 57

In the Matter of Joseph E. McDermott, as President of The Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, et al., Respondents, v. New York State Office of Mental Health et al., Appellants

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

May 19, 1994

Casey, J.

Supreme Court erred in failing to honor respondent Department of Civil Service's long-standing interpretation of the phrase "same or similar positions" in Civil Service Law § 80 (1) to mean positions with the same title (see, Matter of McDermott v New York State Off. of Mental Health, 195 A.D.2d 932, lv denied 82 N.Y.2d 660). Accordingly...

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