Hondzinski v. County of Erie

New York Court of Appeals

Hondzinski v. County of Erie

440 N.E.2d 789, 57 N.Y.2d 715, 454 N.Y.S.2d 704, 1982 N.Y. LEXIS 3642

CourtNew York Court of Appeals

DecidedSeptember 8, 1982

StatusPublished

Cited by1 cases

This text of 440 N.E.2d 789 (Hondzinski v. County of Erie) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hondzinski v. County of Erie, 440 N.E.2d 789, 57 N.Y.2d 715, 454 N.Y.S.2d 704, 1982 N.Y. LEXIS 3642 (N.Y. 1982).

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Opinion

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, without costs, and proceeding dismissed. From the undisputed evidence, it cannot be said as a matter of law that the petitioner’s duties as deputy sheriff in fact did not include ones civil in nature. It follows that he was exempt from the classified civil service until a local law (Local Laws, 1973, Nos. 4, 5 of Erie County), which covered him in, went into effect. (Matter of Flaherty v Milliken, 193 NY 564).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.

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OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, without costs, and proceeding dismissed. From the undisputed evidence, it cannot be said as a matter of law that the petitioner’s duties as deputy sheriff in fact did not include ones civil in nature. It follows that he was exempt from the classified civil service until a local law (Local Laws, 1973, Nos. 4, 5 of Erie County), which covered him in, went into effect. (Matter of Flaherty v Milliken, 193 NY 564).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.

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Bluebook (online)

440 N.E.2d 789, 57 N.Y.2d 715, 454 N.Y.S.2d 704, 1982 N.Y. LEXIS 3642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hondzinski-v-county-of-erie-ny-1982.

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