Matter of Ensley v. City Dept. of Personnel

Full title: In the Matter of CHARLES ENSLEY, as President of Social Service Employees…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 2, 1999

258 A.D.2d 263 (N.Y. App. Div. 1999)

685 N.Y.S.2d 31

Opinion

February 2, 1999

Appeal from the Supreme Court, New York County (Helen Freedman, J.).

Petitioners' argument that the order and judgment is inconsistent both with the LAS Court's decision and the Civil Service Law is unpreserved. There is no record that petitioners raised any objection to the order and judgment settled on the IAS Court's decision. We would only comment that the order and judgment is not irreconcilable with the court's correct determination that the provisional appointments at issue were improperly made ( see, Ensley v. New York City Dept. of Personnel, 170 A.D.2d 298, lv denied 78 N.Y.2d 862) simply because, in an effort to avoid confusion and disorder in ACS, it provides for the eventual, rather than immediate, termination of the provisional employees ( see, Matter of Andresen v. Rice, 277 N.Y. 271, 282). Respondents' cross appeal, which asks this Court to reconsider Ensley (supra), is academic.

Concur — Ellerin, J. P., Williams, Wallach and Tom, JJ.