Orlopp v. Stirpe

Callahan, A. P. J., and Balio, J.

(dissenting). We agree with the majority that the amendment to article XIII, § 13 (a) of the New York Constitution, effective January 1, 1990, removed the doctrinal basis for exempting a Sheriff’s civil appointees from civil service classification and that this amendment effectively overruled Matter of Flaherty v Milliken (193 NY 564; see, Thoubboron v New York State Dept. of Civ. Serv., 175 AD2d 443, affg 146 Misc 2d 853). We disagree, however, with the majority’s conclusions that enabling legislation is not required to effectuate civil service classification…