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MATTER OF RAY v. RUBINO

234 A.D.2d 1010 (1996)

651 N.Y.S.2d 812

In the Matter of Christopher Ray, Respondent, v. Paschal Rubino et al., Constituting The Civil Service Commission of City of Buffalo, et al., Appellants

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

December 30, 1996

Judgment insofar as appealed from unanimously reversed on the law without costs and petition dismissed.

Memorandum:

While on active duty in the United States Navy, petitioner applied for a firefighter position with the Civil Service Commission of the City of Buffalo (respondent). Petitioner was honorably discharged in February 1994 and took the civil service exam a month later. Respondent established the eligible list for that position on October 11, 1995...

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