Matter of McDermott v. N.Y. St. off of Mental

Full title: In the Matter of JOSEPH E. McDERMOTT, as President of the Civil Service…

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

Date published: May 19, 1994

204 A.D.2d 901 (N.Y. App. Div. 1994)

613 N.Y.S.2d 57

Opinion

May 19, 1994

Appeal from the Supreme Court, Albany County (Torraca, J.).

Casey, J.

Supreme Court erred in failing to honor respondent Department of Civil Service's long-standing interpretation of the phrase "same or similar positions" in Civil Service Law § 80 (1) to mean positions with the same title (see, Matter of McDermott v. New York State Off. of Mental Health, 195 A.D.2d 932, lv denied 82 N.Y.2d 660). Accordingly, we reverse Supreme Court's judgment and confirm respondents' determination.

Cardona, P.J., White, Weiss and Peters, JJ., concur. Ordered that the judgment is reversed, on the law, without costs, determination confirmed and petition dismissed.