MATTER OF SZIPCEK v. SAFIR


291 A.D.2d 269 (2002)

737 N.Y.S.2d 600

In the Matter of MITCHELL SZIPCEK, Appellant, v. HOWARD SAFIR, as Police Commissioner of the City of New York, Respondent.

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

Decided February 14, 2002.


The proceeding was properly dismissed on the ground that there is no merit to petitioner's claim that, having been reconsidered for the position of sergeant and promoted thereto, he is entitled to "make-whole relief" in the form of back pay and retroactive seniority. The only remedy for defects in the civil service appointment or promotion process is not retroactive appointment or promotion with an award of back pay but reconsideration for appointment or promotion after the...

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