Zimmerman v. Burstein

OPINION OF THE COURT

Levine, J.

Petitioner, along with respondents Albert Smith and Gary Stinson, was employed by the Department of Taxation and Finance in its Watertown office in Jefferson County as a Tax Auditor I, a grade 18 position in the classified civil service. That position was abolished due to budgetary constraints, and petitioner, Smith and Stinson were placed on a preferred hiring list which was certified to fill any vacancy occurring in (1) the same or similar position, (2) any position in a lower grade in line of promotion, or (3) any comparable position (see, Civil Service Law §…