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Matter of Geyer v. Nassau Cty. Civil Serv

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 571 (N.Y. App. Div. 1976)

Opinion

January 26, 1976


In a proceeding pursuant to CPLR article 78 to compel respondent to grant petitioner veteran's preference credits on a certain civil service examination, the appeal is from a judgment of the Supreme Court, Nassau County, dated October 2, 1975, which, inter alia, ordered respondent to grant petitioner a veteran's preference for placement on the eligibility list for Probation Supervisor-I. Judgment reversed, on the law, without costs, and petition dismissed on the merits. From the record on this appeal, it is clear that petitioner failed to apply for a veteran's preference until after the establishment of the eligible list on January 2, 1975. Subdivision 3 of section 85 Civ. Serv. of the Civil Service Law requires an applicant to apply for additional credits between the date of his application for an examination "and the date of the establishment of the resulting eligible list" (emphasis added). The mere fact that certification of the names from the list was subsequently withdrawn pending the outcome of an action related to this examination does not void the establishment of the list. Hopkins, Acting P.J., Martuscello, Cohalan, Rabin and Shapiro, JJ., concur.


Summaries of

Matter of Geyer v. Nassau Cty. Civil Serv

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 571 (N.Y. App. Div. 1976)
Case details for

Matter of Geyer v. Nassau Cty. Civil Serv

Case Details

Full title:In the Matter of VIRGINIA M. GEYER, Respondent, v. NASSAU COUNTY CIVIL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 26, 1976

Citations

51 A.D.2d 571 (N.Y. App. Div. 1976)