Matter of Curatolo v. Donahue

Summary

The Appellate Division, Second Department, affirmed the denial of a CPLR article 78 petition challenging the refusal to designate a correction sergeant as an investigator under Civil Service Law § 58(4). The court held that the petitioner was not entitled to the designation because he was not temporarily assigned to perform investigator duties in his position as correction sergeant.

Holdings

1. A correction sergeant is not entitled to permanent designation as an investigator under Civil Service Law § 58(4) unless the employee was temporarily assigned to perform the duties of an investigator.

Questions Presented

1. Whether the petitioner was entitled to permanent designation as an investigator under Civil Service Law § 58(4) based on his employment as a correction sergeant.
2. Whether the Supreme Court properly denied the CPLR article 78 petition after a nonjury trial.

Disposition

affirmed