Summary
In Eaton the position, Business Manager of the Broome County Infirmary, had as a de facto matter been upgraded to that of a department head (Nursing Home Administrator) and within one month after the incumbent's dismissal was reclassified from a competitive civil service position to that of an exempt one. Local legislation, moreover, then specified that the holder was "to serve at the pleasure of the county Executive" and the Broome County charter, § 2604, placed department heads in the unclassified service.
Summary of this case from Baden v. KochOpinion
January 10, 1980
Appeal from a judgment of the Supreme Court at Special Term, entered April 16, 1979 in Broome County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to reinstate petitioner, with back pay, to the position of nursing home administrator. Judgment affirmed, without costs, on the opinion of Mr. Justice Zeller at Special Term. Greenblott, J.P., Staley, Jr., Main, Mikoll and Herlihy, JJ., concur.