MATTER OF BRITT v. CITY OF NEW YORK

9061, 105655/11.

102 A.D.3d 564 (2013)

958 N.Y.S.2d 384

2013 NY Slip Op 397

In the Matter of KEENAN BRITT, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 24, 2013.


Since petitioner passed an open competitive examination for his position as Computer Science Technician (CST), Level II, from which he was terminated during the probationary period, he would not be entitled to reinstatement in his prior, permanent position of Computer Aide if he voluntarily accepted his appointment to the CST position, which would constitute an effective resignation from his prior, permanent position (see Matter of Bethel v McGrath-McKechnie,

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