It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs, the petition is denied, and the cross motion is granted.
Memorandum: Respondent John Hight, a probation officer employed by petitioner, applied for a promotion to the position of probation supervisor. The collective bargaining agreement (CBA) at issue in this litigation included the position of probation officer, but excluded the position of probation...
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