IN THE MATTER OF DMITRA v. CITY OF NEW YORK


8 A.D.3d 110 (2004)

778 N.Y.S.2d 165

In the Matter of JAMES DMITRA, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

June 15, 2004.


By the time the proceeding had been submitted for decision, no provisional employees any longer worked in the position in question, no vacancies for that position any longer existed and the eligible list for promotion to the position had expired. Thus, any decision as to the legality of the challenged provisional appointments could have had no practical effect on petitioner's right to be considered for a permanent appointment. Accordingly, the proceeding was properly dismissed...

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