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Candidate ineligible for appointment from the expired list

Candidate ineligible for appointment from the expired list
Hancock v The City of New York, 272 AD2d 80

New York State Supreme Court Justice Ira Gammerman issued an order directing the New York City Department of Correctional Services to complete [Louis Hancock?s] hiring process and to pay him back pay from July 6, 1989, the date on which the department decided not to appoint Hancock, reduced by actual earnings from other employment.

There were a number of problems with Judge Gammerman?s remedy, however, and the Appellate Division vacated the order.

The eligible list on which Hancock?s name was certified had expired prior to Judge Gammerman?s ruling. The Appellate Division said that Hancock was no longer entitled to be hired as a corrections officer, notwithstanding the fact that he was improperly declared to have been ineligible for the job.

However, the Appellate Division said that Hancock was entitled to some compensation and remanded the case to Judge Gammerman for re-calculation of compensatory damages for the period July 6, 1989 to January 5, 1995, the first day of his trial.

Full post as published by New York Public Personnel Law on February 14, 2011 (boomark / email).