Puntillo v. Abate

Judgment, Supreme Court, New York County (Edward Lehner, J.), entered April 5, 1993, which denied petitioner’s application pursuant to CPLR article 78 to compel respondents to reinstate him as a correction officer, and dismissed the petition, unanimously affirmed, without costs.

As a prior probationary employee who resigned his position, petitioner requested, and was granted, restoration to the eligible list from which he had been selected pursuant to Department of Personnel Rules (59 RCNY Appendix A), rule 5.2.6. Petitioner acknowledges that such restoration bestowed no right of reappointment…