Civil Service Employees Ass'n, Inc. v. Venugopalan

Petitioner John Nesbitt (hereinafter petitioner) is employed as a cook at the Home for Veterans and Their Dependents, a residential health care facility administered by respondent Department of Health and located in the Town of Oxford, Chenango County. In November 1993, petitioner was promoted from the position of cook to that of head cook. Before the position could become permanent, however, he was required to satisfactorily complete a probationary period of 12 to 52 weeks (see, Civil Service Law § 63 [1]; 4 NYCRR 4.5 [b] [2]).

Petitioner was given four written reports evaluating his…