Butler v. Walter

Appellate Division of the Supreme Court of New York

Butler v. Walter

210 A.D.2d 941, 620 N.Y.S.2d 673

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 1994

StatusPublished

Cited by1 cases

This text of 210 A.D.2d 941 (Butler v. Walter) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Butler v. Walter, 210 A.D.2d 941, 620 N.Y.S.2d 673 (N.Y. Ct. App. 1994).

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—Order affirmed without costs. Memorandum: No appeal as of right lies from an intermediate order in a CPLR article 78 proceeding (see, CPLR 5701 [b] [1]). We treat the notice of appeal as a request for permission to appeal and grant leave so that we may address the merits (see, CPLR 5701 [c]).

[942]*942Respondent’s determination that the positions of deputy sheriff sergeant (jail) and lieutenant (jail) within the Onondaga County Sheriff’s Department were, for the purposes of Civil Service Law §81 (1), the same or similar or comparable to positions within the Department of Correction is not supported by the record.

We conclude, therefore, that Supreme Court properly held that respondent’s determination was arbitrary and capricious and without a rational basis.

All concur except Pine, J. P., who dissents and votes to reverse in the following Memorandum.

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—Order affirmed without costs. Memorandum: No appeal as of right lies from an intermediate order in a CPLR article 78 proceeding (see, CPLR 5701 [b] [1]). We treat the notice of appeal as a request for permission to appeal and grant leave so that we may address the merits (see, CPLR 5701 [c]).

[942]*942Respondent’s determination that the positions of deputy sheriff sergeant (jail) and lieutenant (jail) within the Onondaga County Sheriff’s Department were, for the purposes of Civil Service Law §81 (1), the same or similar or comparable to positions within the Department of Correction is not supported by the record.

We conclude, therefore, that Supreme Court properly held that respondent’s determination was arbitrary and capricious and without a rational basis.

All concur except Pine, J. P., who dissents and votes to reverse in the following Memorandum.

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Bluebook (online)

210 A.D.2d 941, 620 N.Y.S.2d 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-walter-nyappdiv-1994.

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