TO: Agency Personnel and Affirmative Action Officers

FROM: Robert Parrish

SUBJECT: Reis Case Dismissal by Court of Appeals

DATE: July 12, 1989

SPMM Advisory Memorandum #89-01 discussed a proposed change to Rule 4.5 which specifies that probation commences on the effective date designated by the appointing authority and approved by the Civil Service Department. The change to Rule 4.5 was approved by the Commission and is currently before the Governor.

In the meantime the New York State Court of Appeals has decided the Reis case, which was also discussed in the Advisory Memorandum. In its unanimous, summary dismissal, the Court of Appeals held that the probationary period begins to run on the actual date of permanent appointment, and not the date of list establishment. This is in accord with long-standing practice and procedure, which the proposed amendment to Rule 4.5 reflects. This decision by the State's highest Court settles the matter.

Probation commences on the date formally designated by the appointing authority as the date of permanent appointment. Provisionals who are eligible and reachable for permanent appointment begin their probationary periods on the date their permanent appointments become effective.