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IN THE MATTER OF CHERRY

55 A.D.3d 604 (2008)

865 N.Y.S.2d 303

In the Matter of BRUCE CHERRY, Appellant, v. NEW YORK STATE CIVIL SERVICE COMMISSION et al., Respondents.

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

October 7, 2008.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, the decision of the New York State Division of Housing and Community Renewal to promote certain individuals to the position of Rent Examiner 2, and not to promote him, was in compliance with Civil Service Law § 61 (1). Each of the selections for promotion was made from one of the three individuals certified with the highest scores...

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