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IN THE MATTER OF PENA v. NEW YORK CITY CIVIL SERVICE COMMISSION

27 A.D.3d 293 (2006)

811 N.Y.S.2d 66

In the Matter of VIVIAN PENA, Appellant, v. NEW YORK CITY CIVIL SERVICE COMMISSION et al., Respondents.

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

March 16, 2006.

Rather than challenging the Police Department's action disqualifying petitioner from eligibility to be appointed a police officer, she brought this article 78 proceeding to challenge the ruling of the Civil Service Commission, to which she had appealed, declining to take action because the list had expired. The petition herein sought reinstatement of that administrative appeal. Even if the petition had challenged the Police Department...

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