Easling v. Odessa-Montour Central School District

Mercure, J.P.

Appeal from a judgment of the Supreme Court (O’Shea, J.), entered October 15, 2003 in Schuyler County, which dismissed petitioner’s application, in a proceeding pursuant to CFLR article 78, to compel respondent to reinstate him to his position with back pay.

Petitioner worked for respondent as a maintenance mechanic from September 1992 until he was laid off in June 2002. He filed a grievance to enforce his civil service bumping rights and, in settlement of the grievance, was offered the lower level position of cleaner. Although he began performing the duties of this position on…