Matter of Hilsenrad v. Miller

Our inquiry goes to the question whether by employment for ten months in the State civil service, all of which was under a temporary appointment, the petitioner gained the legal status of a permanent civil service employee. The material facts are not in controversy.

The petitioner passed a civil service examination for the position of law case investigator in the Department -of Labor. His rating qualified him as No. 5 on the eligible list promulgated for that position. While awaiting appointment the petitioner and all others on the newly-created eligible list received from the State Industrial…