71 A.D.2d 707 | N.Y. App. Div. | 1979
—Appeal from a judgment of the Supreme Court at- Special Term, entered March 1, 1979 in Albany County, which, in a proceeding pursuant to CPLR article 78, directed the reinstatement of petitioner to his position as a mail and supply helper with the Department of Environmental Conservation and granted back pay and benefits from the date of his termination from said position. Effective November 10, 1977, petitioner received a permanent civil service appointment to the position of mail and supply helper with appellant. Petitioner’s probationary term, as required by civil service rule (4 NYCRR 4.5), was set at not less than eight weeks nor more than 26 weeks. It is conceded by both parties that the permanent appointment was a mistake and that petitioner should only have been given a temporary appointment because the position had become open due to a promotion of a permanent civil service employee who still retained the right to return to that position (4 NYCRR 4.5 [f]). On December 28, 1977, petitioner was informed that he would be retained in his position and that his probationary period would be extended to the full 26 weeks, expiring on May 17, 1978. By letter dated April 13, 1978, petitioner was informed of his removal from his permanent civil service position because the person on leave from that position elected to return and that he was to be reassigned in the same job title to a different work location with his probationary period extended an additional 12 weeks. Petitioner’s performance in his new assignement was so unsatisfactory that he was terminated