Summary
In Matter of New York City Dept. of Personnel v New York State Div. of Human Rights (44 N.Y.2d 904), we held that an applicant, who was wrongly passed over for appointment because of her age, could not be placed on a special eligible list because she did not file her administrative complaint until after the eligible list had expired.
Summary of this case from Deas v. LevittOpinion
Argued April 27, 1978
Decided June 8, 1978
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
Elaine Berger and Ann Thacher Anderson for appellant.
Allen G. Schwartz, Corporation Counsel (Carolyn E. Demarest and Leonard Koerner of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs. Complainant did not file her complaint until after the list of eligibles from which she seeks appointment had expired. Hence, even though she might have been improperly passed over for appointment due to discrimination on the basis of age, she may not now seek appointment from that expired list (Matter of Cash v Bates, 301 N.Y. 258, 261; Matter of Tanzosh v New York City Civ. Serv. Comm., 44 N.Y.2d 906, decided herewith). This case is to be distinguished from one in which a proceeding to compel appointment is commenced prior to the expiration of the list (see Matter of Mena v D'Ambrose, 44 N.Y.2d 428, decided May 11, 1978).
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Order affirmed.