Dworkin v. New York State Department of Environmental Conservation

OPINION OF THE COURT

Casey, J.

Petitioner received a permanent appointment in September 1978 as a Senior Attorney with respondent Department of Environmental Conservation (hereinafter DEC), a competitive class position subject to the protections of Civil Service Law § 75. In December 1979, petitioner was promoted to the position of Assistant Counsel, an exempt position under Civil Service Law § 41. Petitioner was terminated from his Assistant Counsel position in February 1995. He thereafter commenced this proceeding which raises the issue of petitioner’s rights with regard to the Senior…