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BETHEL v. MCGRATH-MCKECHNIE

95 N.Y.2d 7 (2000)

731 N.E.2d 604

709 N.Y.S.2d 888

In the Matter of EARLENE BETHEL, Respondent, et al., Petitioner, v. DIANNE McGRATH-McKECHNIE, Individually and as Commissioner of the Community Development Agency, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 16, 2000.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Mordecai Newman and Larry A. Sonnenshein of counsel), for appellants.

Ronald Podolsky, New York City, for respondent.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

SMITH, J.

The issue here is whether respondents were required to hold open petitioner's previous permanent civil service position as a Contract Specialist in the New York City Community Development Agency while she completed her probationary period as a Staff Analyst, a title she obtained through an open competitive examination. We conclude that they were not.

Petitioner Earlene Bethel started working for the City of New York...

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