Clark v. Commissioner, New York State Department of Social Services

Each of the petitioners was appointed to a permanent position in the Department of Social Services subject to a probationary period of not less than 8 weeks nor more than 26 weeks. The certificate of appointment contained language indicating that the appointment would not be permanent until completion of the maximum period. The petitioners were discharged by notice prior to the completion of the 26-week period and after completion of the eight-week period. They brought this proceeding upon the basis that pursuant to the provisions of the regulations of the Civil Service Commission their…