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Thursday, June 15, 2017

Mere speculation and bare legal conclusions without any factual support set out in an Article 78 petition are ineffective in rebutting a defendant's motion to dismiss


Mere speculation and bare legal conclusions without any factual support set out in an Article 78 petition are ineffective in rebutting a defendant's motion to dismiss


The petitioner [Petitioner] in this Article 78 action had completed and passed a civil service exam for appointment to a title. The Petitioner's name was placed  on an eligible list of candidates by the New York City Department of Citywide Administrative Services. Petitioner was subsequently considered, but not selected, for three separate vacancies for the title and was then declared ineligible for further certification or appointment from the list established for the Department.


Only registered individuals may access the complete text of the material posted on New York Public Personnel Law Such access, however, requires a one-time payment of $125 [U.S.] as a Registration Fee for your permanent registration as a NYPPL user. Click the button below to pay your registration fee with your credit card via PayPal: • •
Your license key will be e-mailed to you the work-day following PayPals' approval of your payment. Any new or supplemental material that may be, from time to time, posted will be automatically made available to registered individuals without cost.

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