Orloff v. City of Gloversville

Appeal from a judgment of the Supreme Court, entered in Fulton County, in a proceeding brought pursuant to CPLR article 78, annulling a determination by appellants reclassifying respondent from lieutenant to patrolman, and directing his reinstatement to the rank of lieutenant. Special Term correctly held that since respondent was performing the duties of a lieutenant and receiving the salary thereof until his reclassification on April 16, 1969, he was not aggrieved until such time, and that accordingly since his petition for reinstatement of June 3, 1969 and his bringing of the instant…