General

In the Matter of Nancy Gould, Appellant, v. J. Gerald Griffin et al., Constituting the Civil Service Commission of the City of Hornell, Respondents

69 A.D.2d 1015·New York Supreme Court, Appellate Division·1979·NY

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Opinion

In the Matter of Nancy Gould, Appellant, v J. Gerald Griffin et al., Constituting the Civil Service Commission of the City of Hornell, Respondents. [MAJORITY] Judgment unanimously affirmed, without costs. Memorandum: Petitioner concedes that her appointment to the position of-librarian in the City of Hornell was as a provisional employee under section 65 of the the Civil Service Law. She admittedly has never taken a civil service examination. It is well established that a provisional appointment can never ripen into a permanent position until such time as the appointee passes the competitive examination for the position and is found to be eligible (see Civil Service Law, § 65; Mierzwa v Genesee County Civ. Serv. Comm., 55 AD2d 815; Matter of Giordana v Henry, 44 AD2d 835). (Appeal from judgment of Steuben Supreme Court—art 78.) Present—Cardamone, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.