New York City Dept. of Personnel v. N.Y. State Division of Human Rights
| Citation | 379 N.E.2d 165,44 N.Y.2d 904,407 N.Y.S.2d 637 |
| Parties | , 379 N.E.2d 165 In the Matter of NEW YORK CITY DEPARTMENT OF PERSONNEL, Respondent, v. New York STATE DIVISION OF HUMAN RIGHTS, Appellant. |
| Decision Date | 08 June 1978 |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed, with costs. Complainant did not file her complaint until after the list of eligibles from which she seeks appointment had expired. Hence, even though she might have been improperly passed over for appointment due to discrimination on the basis of age, she may not now seek appointment from that expired list (Matter of Cash v. Bates, 301 N.Y. 258, 261, 93 N.E.2d 835, 836; Matter of Tanzosh v. New York City Civ. Serv. Comm., 44 N.Y.2d 906, 407 N.Y.S.2d 638, 379 N.E.2d 166 decided herewith). This case is to be distinguished from one in which a proceeding to compel appointment is commenced prior to the expiration of the list (see Matter of Mena v. D'Ambrose, 44 N.Y.2d 428, 406 N.Y.S.2d 22, 377 N.E.2d 466).
Order affirmed.
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