Opinion
April 6, 2000.
Appeal from a judgment of the Supreme Court (Canfield, J.), entered April 6, 1999 in Albany County, which dismissed petitioners' application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Director of Employee Relations denying petitioner Michael Allen's out-of-title grievance.
Nancy E. Hoffman, Civil Service Employees Association Inc., (Steven A. Crain of counsel), Albany, for appellants.
Eliot Spitzer, Attorney-General (Lew A. Millenbach of counsel), Albany, for respondents.
BEFORE: CARDONA, P.J., CREW III, CARPINELLO, GRAFFEO AND MUGGLIN, JJ.
MEMORANDUM AND ORDER
In this CPLR article 78 proceeding, petitioner Michael Allen challenges the denial of his out-of-title grievance alleging that, while employed by the Department of Environmental Conservation as a Fish Wildlife Technician II, he was required to perform the duties of a Fish Wildlife Technician III. Inasmuch as his claims are similar to those raised by the petitioner in Matter of Curtiss v. Angello ( 269 A.D.2d 675, 702 N.Y.S.2d 476) and not accepted by this court, we affirm Supreme Court's judgment dismissing the petition.
ORDERED that the judgment is affirmed, without costs.