Lelio v. Rutkowski

OPINION OF THE COURT

Thomas F. McGowan, J.

Effective May 31, 1983, petitioner was appointed to the position of Deputy Commissioner, Social Services, Home and Infirmary, with the County of Erie (County). The appointment was provisional, subject primarily to petitioner taking and passing a civil service examination. Subsequently he took the test and passed. On February 14, 1984, an eligible list was certified, containing two names. Petitioner was the second person on the list.

As of March 12, 1984, petitioner had not yet received a permanent civil service appointment to the Deputy Commissioner…