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MATTER OF SPENCE v. NEW YORK STATE DEPT. OF CIVIL SERVICE

529390.

189 A.D.3d 1785 (2020)

138 N.Y.S.3d 222

2020 NY Slip Op 07438

In the Matter of Wayne Spence, as President of the Public Employees Federation, AFL-CIO, Appellant, v. New York State Department of Civil Service et al., Respondents.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Renee L. Delgado , New York State Public Employees Federation, AFL-CIO, Albany ( Kimberly A. Livingstone of counsel), for appellant.

Letitia James , Attorney General, Albany ( Robert M. Goldfarb of counsel), for respondents.

Egan Jr., J.P., Mulvey, Pritzker and Colangelo, JJ., concur.

The Department of Financial Services (hereinafter DFS) requested that the Civil Service Commission (hereinafter the Commission) create five new Special Assistant positions and have them placed in the exempt jurisdictional class. Petitioner opposed the requested classification. After considering DFS's and petitioner's views on the matter...

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