Shih v. Waterfront Commission

*565Order and judgment (one paper), Supreme Court, New York County (Eileen A. Rakower, J.), entered October 7, 2009, which denied the petition seeking reinstatement with back pay, benefits, costs, and attorney’s fees, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The determination that petitioner’s position as an auditor was not within the definition of “permanent employee” under section TV (A) (1) (a) of the employees’ manual, and that he was therefore not entitled to the due process protections of a pretermination hearing, was not…