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eBook details

• Title: Matter Sigmund Horowitz v. Thomas Roche Et Al.
• Author : Supreme Court of New York
• Release Date : January 28, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Judgment, Supreme Court, New York County, entered July 28, 1978, denying and dismissing petitioners petition which sought a direction compelling respondents to appoint him a Senior Appraiser (Real Estate) in the Department of Housing Preservation and Development of the City of New York, unanimously reversed, on the law, without costs and disbursements, and the application is granted to the extent of remanding this matter to the Housing Preservation Administration for a hearing. The petitioner, an appraiser in the real estate department of the Housing Preservation Administration of the City of New York, took a civil service examination for the position of Senior Appraiser and was the only one who passed. His name was certified by the Department of Personnel to the Housing Agency, but the latter did not appoint petitioner to the position of Senior Appraiser. Instead, the Housing Preservation Administration, with respect to petitioner, obtained an exemption from an executive order which mandated civil service appointments. It rebuffed petitioners attempt to secure appointment with the reasons that provisionals were performing the duties of that office and that petitioners performance with respect to the skill required by that position is marginal, i.e., that petitioner was not competent to perform the work demanded by the position of Senior Appraiser. [70 A.D.2d 854 Page 855]

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