MATTER OF LA SOTA v. Green

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the matter remitted to Supreme Court, Westchester County, for further proceedings in accordance with this memorandum.

The issue is whether petitioner was “continued in” his position as assistant water chemist and bacteriologist so as to convert his provisional status to a permanent appointment pursuant to subdivision 4 of section 65 of the Civil Service Law. The Appellate Division read into the statute a requirement that such continuation last a substantial period…