MATTER OF COLAVITO v. NEW YORK CITY CIVIL SERVICE COMMISSION


277 A.D.2d 94 (2000)

716 N.Y.S.2d 387

In the Matter of JOSEPH COLAVITO, Appellant, v. NEW YORK CITY CIVIL SERVICE COMMISSION et al., Respondents.

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

Decided November 16, 2000.


Petitioner took the written part of the examination on April 7, 1990 and the practical part in February 1991. Thereafter, petitioner received notice of his failing grade. On May 8, 1991 an eligible list for the position was established; and on May 8, 1995 the eligible list expired (Civil Service Law § 56).

This article 78 proceeding was commenced in November 1998 and petitioner served a verified supplemental petition in January 1999. The petition, essentially...

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