Tilles v. Department of Labor

The Special Term correctly held that there is an issue of fact as to whether petitioners were duly appointed from the appropriate eligible lists or whether their appointments gave them only a de facto status until the appointment of others who were inadvertently passed over. The statute requires that appointments shall be made from among those graded highest in open competitive examinations (Civ. Serv. Law, § 14) and that appointments shall be made to all positions by selection of one of the three persons who are willing to accept and are graded highest on the most nearly appropriate eligible…