Opinion
May 30, 1989
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the judgment is reversed, on the law, with costs, and the proceeding is dismissed on the merits.
The Supreme Court erred in granting the petition since it is within the discretion of the appellant Nassau County Civil Service Commission (hereinafter the Commission) to fix the "minimum period of [permanent] service for eligibility to enter a promotion examination and * * * [the] minimum period of such service as a qualification for promotion from the resulting eligible list" ( 4 NYCRR 3.3 [a]). The period of six months' permanent service fixed in the instant case cannot be said to be an improvident exercise of the Commission's statutory discretion (see, Matter of Dinda v Keyes, 58 A.D.2d 810). Also, since the designation of the minimum period of permanent service is within the discretion of the Commission, its refusal to regard provisional service as equivalent to permanent service is not per se improper (see, Civil Service Law § 52; Matter of Canava v Keyes, 62 A.D.2d 997). Bracken, J.P., Sullivan, Balletta and Rosenblatt, JJ., concur.