Gomez v. Hernandez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Joan A. Madden, J.), entered June 7, 2007, which denied the petition seeking to annul a determination by the Department of Juvenile Justice denying promotion to the permanent position of associate juvenile counselor (AJC), unanimously affirmed, without costs.
A person whose name appears on a list of eligible candidates does not have a vested right to appointment (see Matter of Andriola v Ortiz, 82 NY2d 320, 324 [1993], cert denied 511 US 1031 [1994]). Examination scores are not the sole determinant of fitness, as “the appointing…
2Cases cited7 opinions
- Cassidy v. Municipal Civil Service CommissionNew York Court of Appeals · 1975
- MATTER OF ANDRIOLA v. OrtizNew York Court of Appeals · 1993
- Delicati v. SchechterAppellate Division of the Supreme Court of the State of New York · 1956
- Becker v. New York State Civil Service CommissionNew York Court of Appeals · 1984
- Knight v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2006
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Matter of Drumm v. CassanoAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Cashin v. CassanoAppellate Division of the Supreme Court of the State of New York · 2015
- Woods v. New York City Department of Citywide Administrative ServicesNew York Supreme Court · 2009
- Matter of Staley v. New York State Department of Corrections and Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Harpur v. CassanoAppellate Division of the Supreme Court of the State of New York · 2015
2 more not listed; retrieve them via the Exa API.