Order Michigan Supreme Court Lansing, Michigan September 6, 2011 Robert P. Young, Jr., Chief Justice 143017 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly LEO N. WILEY, Brian K. Zahra, Petitioner-Appellant, Justices v SC: 143017 COA: 293125 Ingham CC: 08-001000-AA CIVIL SERVICE COMMISSION, Respondent-Appellee. _________________________________________/ On order of the Court, the application for leave to appeal the March 24, 2011 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court. MARKMAN, J. (concurring). I concur with the Court’s order. I write separately only to clarify that the Court of Appeals decision did not reinstate the Civil Service Commission’s final order, but instead remanded to the trial court for further proceedings. Thus, the trial court will have the opportunity to revisit this case, consider the aggravating factors relied on by respondent in light of the whole record, and once again determine whether the dismissal of petitioner was arbitrary and capricious. I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. September 6, 2011 _________________________________________ t0829 Clerk