Opinion
April 16, 1990
Appeal from the Supreme Court, Orange County (Hickman, J.).
Ordered that the judgment is affirmed, with costs.
Contrary to the petitioner's contentions, the Supreme Court correctly determined that he had been hired as a temporary Deputy Sheriff who was not entitled to notice and an opportunity to be heard on the charges underlying the termination of his employment. Neither Local Laws, 1975, No. 4 of Orange County nor the collective bargaining agreement between the County of Orange/Sheriff of Orange County and the Orange County Deputy Sheriff's Association confers upon a temporary Deputy Sheriff the right to a pretermination hearing, and as the petitioner has conceded, he is not entitled to a hearing pursuant to Civil Service Law § 75 (see, Matter of Flaherty v. Milliken, 193 N.Y. 564; Matter of Salvatore v. Nasser, 81 A.D.2d 1012).
Moreover, the petitioner's alleged 13 months of continuous full-time temporary service did not constitute a probationary period entitling him to the position of tenured Deputy Sheriff. The instant record reveals unequivocally that the petitioner remained a temporary employee (see, County Law § 653) whose continued temporary employment did not ripen into permanent employment (see, Matter of Montero v. Lum, 68 N.Y.2d 253; Matter of Hennessey v. Farrell, 43 Misc.2d 1045, 1046, affd 19 A.D.2d 698; see also, Matter of Hilsenrad v. Miller, 284 N.Y. 445). Accordingly, the proceeding was properly dismissed. Kunzeman, J.P., Kooper, Sullivan and Harwood, JJ., concur.