Opinion
December 30, 1970
Appeal from a judgment of the Supreme Court at Special Term, entered February 5, 1970 in Kings County, in a proceeding under CPLR article 78, which annulled respondent's evaluation of petitioner as Court Clerk II and directed respondent to re-evaluate petitioner to the position of Court Clerk III, retroactively to July 1, 1966. This appeal has been transferred from the Appellate Division, Second Department. As a result of the "Classification Plan — Unified Court System — New York City", adopted by the Administrative Board of the Judicial Conference of the State of New York under date of July 1, 1966, petitioner was converted to the title of Court Clerk II, having been previously rated as Clerk, Grade G, the equivalent of Clerk, Grade B. The duties assigned to and performed by petitioner under his former classification are outlined in detail in paragraph "7" of the petition. The answer "[d]enies the allegations contained" in said paragraph "to the effect that it describes the duties of the petitioner but admits that it reflects generally to what petitioner does." In respondent's brief, in referring to paragraph "7" of the complaint and the answer, it is stated: "as to this allegation respondent * * * admitted that these are the functions he was performing." It is also set forth that "[t]here is no doubt but that petitioner performed the functions that he alleged and that he performed them well." Stripped of description or characterization, the details of the work actually done being thus admitted, an item by item analysis and comparison of such of these duties which are in title with the title specifications for the Court Clerk III position demonstrate their identity and the lack of a rational basis for a classification other than Court Clerk III. (See Matter of Grilihas v. McCoy, 35 A.D.2d 1060.) Judgment affirmed, without costs. Reynolds, J.P., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.