Legal Opinion

Gomez v. Hernandez

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 2008PublishedCited by 7 opinions

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

  1. Cassidy v. Municipal Civil Service CommissionNew York Court of Appeals · 1975
  2. MATTER OF ANDRIOLA v. OrtizNew York Court of Appeals · 1993
  3. Delicati v. SchechterAppellate Division of the Supreme Court of the State of New York · 1956
  4. Becker v. New York State Civil Service CommissionNew York Court of Appeals · 1984
  5. 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

  1. Matter of Drumm v. CassanoAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Cashin v. CassanoAppellate Division of the Supreme Court of the State of New York · 2015
  3. Woods v. New York City Department of Citywide Administrative ServicesNew York Supreme Court · 2009
  4. 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
  5. 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.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API