In re the Arbitration between the City of Binghamton & Binghamton Civil Service Forum

Appeal from a judgment of the Supreme Court at Special Term, entered December 7, 1976 in Broome County, which granted petitioner’s application to stay arbitration. On August 22, 1975, Edward W. Jowett was provisionally appointed to the position of Senior Planner in the Department of Community Development of the City of Binghamton. He had received similar appointments in July, 1974, and in October, 1974. Subdivision 2 of section 65 of the Civil Service Law provides that no provisional appointment shall continue for a period in excess of nine months. Jowett’s provisional appointment being due…