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MTR. OF KITCHINGS v. JENKINS

85 N.Y.2d 694 (1995)

651 N.E.2d 904

628 N.Y.S.2d 36

In the Matter of Booker T. Kitchings et al., Appellants, v. Herman L. Jenkins, as Personnel Director of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 9, 1995.

Attorney(s) appearing for the Case

Goodstein & West, New Rochelle (Robert David Goodstein and Eileen West of counsel), for appellants.

Paul A. Crotty, Corporation Counsel of New York City (Elizabeth S. Natrella and Pamela Seider Dolgow of counsel), for Herman L. Jenkins, respondent.

Daniel Topper, Brooklyn, Albert C. Cosenza and Richard Dreyfus for Alan Kiepper, respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

The primary issue here is whether Civil Service Law §§ 52 and 63 required a competitive examination before respondents were advanced from the position of Transit Property Protection Supervisor Level I to Transit Property Protection Supervisor Level II. Because the Appellate Division properly held that the assignment to the duties at either of two levels within a permanent civil service title...

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