IN RE ZION HIA, pet-ap, v. THE NEW YORK CITY DEPARTMENT OF CORRECTION res-res

10856. IN RE ZION HIA, pet-ap, v. THE NEW YORK CITY DEPARTMENT OF CORRECTION res-res — Law Offices of Stewart Lee Karlin, P.C., New York (Stewart Lee Karlin of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Ellen Ravitch of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered May 8, 2012, which denied the petition seeking, inter alia, a declaration that respondent The New York City Department of Citywide Administrative Services (DCAS) acted arbitrarily in establishing an agency-specific civil service promotional list unique to respondent The New York City Department of Correction (DOC), from which list he was not selected for promotion, and granted respondents’ cross motion to dismiss the proceeding brought pursuant to CPLR Article 78 as time-barred, unanimously affirmed, without costs.

On July 6, 2011, DCAS established a promotional list for DOC to fill the position of Administrative Construction Project Manager. The list identified two eligible candidates, one of whom was petitioner. As the eligibility list contained fewer than three names, DOC was not required to make a selection therefrom for promotion (see New York Civil Service Law §61(1); 55 RCNY Rule 4.7.1[c]). The eligibility list was accessible to petitioner on July 11, 2011, through DCAS’s automated Interactive Voice Response System, to which petitioner was directed by both DCAS’ Notice of Examination and its Notice of Result. In addition, the list was published in The Chief Leader, a civil service oriented newspaper, on July 29, 2011.