Rose, J.
Petitioner is a police officer employed by respondent New Paltz Police Department (hereinafter the Department). In June 2000, petitioner took and passed a civil service examination for the position of police sergeant and his name was placed on an eligibility list (hereinafter the 2000 list) prepared by the Ulster County Personnel Department (hereinafter UCPD). By late 2001, petitioner was the sole remaining candidate on the 2000 list.
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