Opinion
April 20, 1995
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
The award of summary judgment in favor of plaintiff on her cause of action for unlawful disability discrimination did not entitle her to an award of back pay or other retroactive benefits. Because of the strong State policy underlying the broad hiring discretion vested in defendant City and its appointing authorities under Civil Service Law § 61, plaintiff had merely a hope of appointment as a result of having passed a civil service examination, not a legally protectable interest in appointment (Matter of Andriola v Ortiz, 82 N.Y.2d 320, cert denied sub nom. Andriola v Antinoro, ___ US ___, 114 S Ct 1541). The present matter does not involve the widespread "continuing pattern of discriminatory conduct" presented in Matter of Beame v DeLeon ( 209 A.D.2d 252, 253).
We have considered plaintiff's other claims and find them to be without merit.
Concur — Rosenberger, J.P., Rubin, Kupferman, Nardelli and Tom, JJ.