Opinion
March 4, 1971
Appeal from a judgment of the Supreme Court at Special Term, entered August 11, 1970 in Albany County, which dismissed petitioner's application, in a proceeding under CPLR article 78, for reinstatement as a State Trooper. Petitioner on March 12, 1970 submitted his resignation as a State Trooper, same to become effective on March 25, 1970. By a letter dated March 16, 1970, the resignation was accepted by the Superintendent of State Police. Although, because of a change of mind, petitioner requested on March 17, 1970 that his resignation be withdrawn, respondent forwarded a letter three days later indicating that the request was denied. Petitioner persisted and, the day after said effective date, requested reappointment which, in turn, was denied. Subdivision 4 of section 31 Pub. Off. of the Public Officers Law states that a resignation delivered pursuant to said section, whether effective immediately or at a specified future date, may not be withdrawn "except by consent of the officer to whom it is delivered" and subdivision 3 of section 215 Exec. of the Executive Law requires that a voluntary resignation from the New York State Police shall be submitted to the Superintendent for approval. The rules of the New York State Police, enacted pursuant to statute, provide that "a member who has resigned from his position may, in the discretion of the superintendent, be reinstated, without examination, within one year from the date of such resignation" ( 9 NYCRR 481.1). Insofar as the record reveals a reasonable basis for the Superintendent's decision and there being no indication that it was affected by an error of law or was arbitrary and capricious or that it constituted an abuse of discretion, this court may not substitute its judgment for that of the said official (CPLR 7803, subd. 3; Matter of Diocese of Rochester v. Planning Bd. of Town of Brighton, 1 N.Y.2d 508, 520; 8 Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 7803.06, pp. 78-40, 78-41). Judgment affirmed, without costs. Staley, Jr., J.P., Greenblott, Cooke, Sweeney and Simons, JJ., concur.