MATTER OF ENSLEY v. NEW YORK CITY DEPARTMENT OF CITY-WIDE ADMINISTRATIVE SERVICES


259 A.D.2d 286 (1999)

686 N.Y.S.2d 40

In the Matter of CHARLES ENSLEY, as President of Social Services Employees Union, Local 371, AFSCME, AFL-CIO, et al., Appellants, v. NEW YORK CITY DEPARTMENT OF CITY-WIDE ADMINISTRATIVE SERVICES et al., Respondents.

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

Decided March 4, 1999.


Under Civil Service Law § 56, the only limit on respondents' discretion in fixing the term and any statutorily allowable extensions of an eligible list is that such discretion not be exercised arbitrarily or in bad faith (Matter of Altamore v Barrios-Paoli, 90 N.Y.2d 378, 385-386). Here, petitioners' sole allegation of arbitrariness or bad faith is that in letting the master eligible list expire, respondents were motivated by...

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