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MATTER OF HYMAN v. WHITE

208 A.D.2d 428 (1994)

617 N.Y.S.2d 178

In the Matter of Albert Hyman, Appellant, v. Douglas H. White, as Personnel Director of The City of New York, et al., Respondents

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

October 18, 1994

There is no merit to petitioner's argument that respondents abused their discretion in not crediting the nearly two years petitioner served as a provisional electrical engineer toward his probationary period in the job title to which he was originally appointed and then demoted: assistant electrical engineer. Department of Personnel rule 5.2.5 (59 RCNY Appendix A) provides that when "a probationer who has not completed a probationary term has been granted a leave of absence...

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