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MATTER OF KHALIL v. CITY OF NEW YORK

Index No. 100752/19. Appeal No. 12598. Case No. 2020-02194.

189 A.D.3d 502 (2020)

133 N.Y.S.3d 794

2020 NY Slip Op 07456

In the Matter of Medhat Khalil et al., Appellants, v. City of New York et al., Respondents.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Kreisberg & Maitland, LLP, New York ( Jeffrey L. Kreisberg of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York ( Julie Steiner of counsel), for respondents.

Concur—Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.

There is no evidence that petitioners, other than Khalil, made the formal demand required for reinstatement to their positions with respondent HRA and restoration to the eligible list for promotion (see Ruskin Assoc., LLC v State of N.Y. Div. of Hous. & Community Renewal, 77 A.D.3d 401, 403 [1st Dept 2010], citing Austin v Board of Higher Educ. of City of N.Y., 5 N.Y.2d 430, 442 [1959...

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