Butironi v. Putnam County Civil Service Commission

The issue in this appeal is the availability of discovery and inspection against the State of New York in an action to which it is not a party.

Petitioner brought this proceeding pursuant to article 78 of the CPLR against the Putnam County Civil Service Commission and the Town Board of the Town of Carmel to compel his certification and payment of salary as a Lieutenant of the Police Department of the Town of Carmel. He moved to compel the State Civil Service Commission, a nonparty, to produce certain papers for discovery and inspection. This appeal is from the denial of that motion.

Prior to…