MATTER OF CIVIL SERV. EMPLOYEES ASS'N, INC., LOCAL 1000, AFSCME, AFL-CIO v. BROOKHAVEN-COMSEWOGUE UNION FREE SCH. DIST.


87 N.Y.2d 868 (1995)

662 N.E.2d 254

638 N.Y.S.2d 936

In the Matter of Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, et al., Respondents, v. Brookhaven-Comsewogue Union Free School District, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1995.


Attorney(s) appearing for the Case

Cahn Wishod & Lamb, L. L. P., Melville (Eugene L. Wishod and Frederick Eisenbud of counsel), for appellant.

Vitale, Levitt & McCarthy, P. C., Huntington (Howard E. Gilbert of counsel), for Civil Service Employees Association, Inc., and another, respondents.

Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Jeltje deJong of counsel), for Suffolk County Department of Civil Service, respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Having been appointed from the outset to a permanent position in the classified civil service, petitioner was entitled to be credited with her part-time service for purposes of determining her seniority under Civil Service Law § 80 (1). Contrary to respondent's argument, an appointment may be "permanent" within the meaning of Civil...

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