County of Cattaraugus v. Nuss

*441OPINION OF THE COURT

Larry M. Himelein, J.

Respondent became provisionally employed by Cattaraugus County as a development specialist on or about July 10, 2006. On March 27, 2007, he was appointed permanently to the position from an open-competitive eligibility list. On March 20, 2008, Thomas Livak, then the Director of the Cattaraugus County Planning Department, wrote respondent and informed him that his employment was being terminated on March 24, 2008.

The following day, the CSEA filed a grievance on respondent’s behalf. On March 28, 2008, Mr. Livak responded that the grievance procedure was…