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MATTER OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. v. MENNILLO

38 A.D.3d 1113 (2007)

832 N.Y.S.2d 325

In the Matter of CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, et al., Respondents, v. DONALD MENNILLO, as Deputy Director of Schenectady County Information Services, et al., Respondents, and RICHARD M. FRIGOLETTE, as Chair of the Schenectady County Civil Service Commission, et al., Appellants.

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

Decided March 22, 2007.

Mugglin, J.

Petitioner Suzanne Burns was appointed to the noncompetitive position of full-time salaried computer aide in Schenectady County in 2000. Four years later, the Schenectady County Civil Service Commission determined that Burns' position should be a competitive position and she would be required to undergo examination in order to continue in the position. In this CPLR article 78 proceeding, Supreme Court determined that petitioners were entitled to summary...

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