Evangelista v. Irving

Judgment unanimously affirmed without costs. Memorandum: Petitioner, the exclusive bargaining representative for officers of the Rochester Police Department, commenced a CPLR article 78 proceeding to enjoin respondents, the City and the police department, from requiring officers to serve in out-of-title positions in nonemergency situations. Petitioner alleged that respondents’ practice violates Civil Service Law § 61 (2). In their answer, respondents denied that officers are being assigned out of title, and alleged instead that officers are being "temporarily appointed” to higher ranks in…