Henrich v. Town Board

Appeal from a judgment of the Supreme Court (Torraca, J.), entered May 27, 1993 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respon*815dent’s motion to dismiss the petition for failure to state a cause of action.

Petitioner was appointed as a Police Officer-Part Time for the Town of Plattekill, Ulster County, in April 1977.* Respondent appointed petitioner as Chief of Police, on an annual basis, from 1982 until 1993. Prior to March 1993, the post of Chief of Police was filled as a non-civil service position by designation of respondent (see, Matter of Betanzos v…