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MATTER OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. v. STATE UNIVERSITY OF NEW YORK

286 A.D.2d 850 (2001)

730 N.Y.S.2d 573

In the Matter of CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO, Appellant, v. STATE UNIVERSITY OF NEW YORK et al., Respondents.

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

Decided September 27, 2001.

Rose, J.

Respondent State University of New York (hereinafter SUNY) posted an employment vacancy for the position of "staff assistant" in its Mail Services Department. The position had been previously certified by SUNY's Chancellor as being in the unclassified professional service (see, Education Law § 355-a; Civil Service Law § 35 [h]). Petitioner commenced this combined proceeding and action contending, inter alia, that the duties of the...

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