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Matter of Allen v. Angello

Appellate Division of the Supreme Court of New York, Third Department
Apr 6, 2000
271 A.D.2d 741 (N.Y. App. Div. 2000)

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.


Summaries of

Matter of Allen v. Angello

Appellate Division of the Supreme Court of New York, Third Department
Apr 6, 2000
271 A.D.2d 741 (N.Y. App. Div. 2000)
Case details for

Matter of Allen v. Angello

Case Details

Full title:IN THE MATTER OF MICHAEL ALLEN ET AL., APPELLANTS, v. LINDA ANGELLO, AS…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 6, 2000

Citations

271 A.D.2d 741 (N.Y. App. Div. 2000)
706 N.Y.S.2d 367