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DEKENIPP v. STATE OF NEW YORK

513957.

97 A.D.3d 1068 (2012)

949 N.Y.S.2d 279

2012 NY Slip Op 5775

KENNETH C. DEKENIPP, Appellant, v. STATE OF NEW YORK, Respondent.

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

July 26, 2012.

Garry, J.

In 2006, claimant, then a 52-year-old civil engineer employed by the Department of Transportation (hereinafter DOT), applied for a promotion to the position of Environmental Specialist 2, Maintenance (hereinafter ES2-M). Following interviews, the position was offered to an employee 10 years younger than claimant. In 2007, the ES2-M position opened once again, as well as the position of Environmental Specialist 2, Construction (hereinafter ES2-C). Claimant...

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