No issue of fact is raised warranting a hearing into whether, as petitioner claims, there have been vacancies in the Associate Fraud Investigator position that petitioner provisionally held when she took leave of absence and to which she now seeks reinstatement under Civil Service Law § 71. The recruitment flyer on which petitioner relies as evidence of such vacancies, dated some three months after she returned to work, stated only that the position would be filled as...
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