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MATTER OF GOMEZ v. HERNANDEZ

50 A.D.3d 404 (2008)

858 N.Y.S.2d 8

In the Matter of GILBERTO S. GOMEZ, Appellant, v. NEIL HERNANDEZ, as Commissioner of the New York City Department of Juvenile Justice, et al., Respondents.

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

Decided April 10, 2008.

A person whose name appears on a list of eligible candidates does not have a vested right to appointment (see Matter of Andriola v Ortiz, 82 N.Y.2d 320, 324 [1993], cert denied 511 U.S. 1031 [1994]). Examination scores are not the sole determinant of fitness, as "the appointing authority must be cloaked with the power to choose a qualified appointee who possesses all the attributes necessary for the responsible performance...

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