Gaigal v. County of Suffolk

Martuscello, J.,

dissents and votes to reverse the judgment and dismiss the proceeding, with the following memorandum: This appeal presents the question of whether a town employee who resigns upon being appointed to a county position from a civil service eligible list may retain seniority accrued as a public employee prior to his resignation. Under the circumstances here presented, I would hold that he may not. Petitioner Joseph C. Gaigal was appointed as a provisional engineering aide in the Suffolk County Department of Public Works. Probationary status was conferred on July 24, 1963;…