Judgment unanimously affirmed without costs.
Memorandum:
Supreme Court properly determined that the appointment by respondent Town Board of the Town of Hamburg (Town Board) of respondent Carmen R. Kesner to the permanent position of Police Captain on March 14, 1994 was invalid. Kesner was appointed from an eligible list established on March 9, 1992. That list expired on March 4, 1994, the date that a new eligible list for that position was established. Neither...
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