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1
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OPINION
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EXTRACTED KEY WORDS
TRANSIT PROMOTION CIVIL SERVICE TPPS TRANSIT PROPERTY PROTECTION CIVIL SERVICE LAW EXAMINATION GRADE RESPONDENTS PROPERTY PROTECTION SUPERVISOR TRANSIT AUTHORITY COMPETITIVE EXAMINATION PETITIONERS CITY COURT YORK REQUIRING APPELLATE DIVISION DUTIES EMPLOYEES DISCRETION REASSIGNMENT PROBATION SALARY DIFFERENTIALS PERMANENT AFFIRM VIOLATE STATUTE NY2D |
IN THE MATTER OF BOOKER T. KITCHINGS, ET AL., APPELLANTS, v. HERMAN L.
JENKINS, &C., ET AL., RESPONDENTS.
85 N.Y.2d 694, 651 N.E.2d 904, 628 N.Y.S.2d 36 (1995).
May 9, 1995
1 No. 103 (1995 NY Int. 114)
Decided May 9, 1995
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Robert David Goodstein, for Appellants.
Elizabeth S. Natrella, for Respondent Jenkins.
Daniel Topper, for Respondent Kiepper.
SMITH, J.:
The primary issue here is whether Civil Service Law §§ 52 and 63
required a competitive examination before respondents were advanced
from the position of Transit Property Protection Supervisor Level I to
Transit Property Protection Supervisor Level II. Because the Appellate
Division properly held that the assignment to the duties at either of
two levels within a permanent civil service title is reasonable and is
neither a promotion nor a demotion, we affirm.
In this article 78 proceeding, petitioners are New York City Transit
Authority employees assigned as Transit Property Protection
Supervisors Level I who were eligible for but were not assigned to the
position of Transit Property Protection Supervisor Level II. The
individual respondents were assigned to the position Transit Property
Protection Supervisor Level II without taking an additional civil
service examination. Petitioners seek an order which voids and
nullifies alleged promotions of the individual respondents.
Petitioners seek further to require the Director of Personnel of the
City of New York to develop, administer and grade a competitive
examination for the position of Transit Property Protection Supervisor
Level II pursuant to Civil Service Law § 52.
By a Department of Personnel resolution dated December 31, 1986, the
title Transit Property Protection Supervisor (TPPS) was created,
incorporating two assignment levels into one title. To qualify for a
position under the TPPS title, an individual must complete and pass a
competitive promotional civil service examination. All petitioners and
respondents have attained the TPPS title. Movement from Level I to
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