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MATTER OF HATALA v. McCAUL

253 A.D.2d 666 (1998)

677 N.Y.S.2d 564

In the Matter of Terry J. Hatala, Appellant, v. Elizabeth McCaul, as Acting Superintendent of Banking Department of the State of New York, et al., Respondents-Respondents

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

September 22, 1998

Petitioner was not promoted to the position of Supervising Bank Examiner even though his score on the civil service examination administered to determine eligibility for promotion to that position was higher than the scores of several others who were promoted. It is not disputed that petitioner was passed over for promotion notwithstanding his relatively superior test performance because he did not do as well as other eligible job...

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