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NYC v. STATE DHR

250 A.D.2d 273 (1998)

682 N.Y.S.2d 387

In the Matter of City of New York et al., Petitioners, v. New York State Division of Human Rights et al., Respondents

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

December 29, 1998

Attorney(s) appearing for the Case

Julian L. Kalkstein of counsel (Larry A. Sonnenshein on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for petitioners.

Michael K. Swirsky of counsel (Lawrence Kunin, General Counsel, State Division of Human Rights, attorney), for respondents.

SULLIVAN, J. P., WALLACH, WILLIAMS and MAZZARELLI, JJ., concur.

MILONAS, J.

The events culminating in this CPLR article 78 proceeding began 25 years ago, in 1973, when respondent Eddie Ricks took and passed Civil Service Examination No. 3090 for the title of sanitation worker in the Department of Sanitation (DOS). In January 1979, those candidates who had passed Exam No. 3090 were placed on an eligible list for appointment subject to passing a medical examination. In May...

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