Appellate Division of the Supreme Court of the State of New York February 26, 1981 (Prey v. County of Cattaraugus)

OPINION OF THE COURT

Moule, J.

Petitioner was employed as a support officer by the County of Cattaraugus (County) Probation Department from September 1, 1973 through December 31, 1977. On November 1,1977 he was placed first on the eligibility list for the position of probation officer; however, there were no openings at that time.