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MATTER OF O'CONNOR v. NEW YORK STATE CIVIL SERVICE COMMISSION

509841.

79 A.D.3d 1423 (2010)

912 N.Y.S.2d 803

In the Matter of VINCENT J. O'CONNOR, Appellant, v. NEW YORK STATE CIVIL SERVICE COMMISSION et al., Respondents.

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

Decided December 16, 2010.

LAHTINEN, J.

In February 2008, respondent Office of Temporary Disability and Assistance (hereinafter OTDA) posted a vacancy for the position of supervising hearing officer (hereinafter SHO). Petitioner, a hearing officer at OTDA since 1995, was one of approximately a dozen applicants who were considered for the position. Another one of the applicants was Frank Gottlieb, a former SHO at OTDA who had recently retired in December 2007 and had submitted a request for...

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