O'Reilly v. Evans

OPINION OF THE COURT

Edward J. Greenfield, J.

Plaintiff brings this taxpayer action under article 7-A of the State Finance Law and here moves pursuant to subdivision 2 of section 123-e of the State Finance Law to preliminarily enjoin defendants from appointing and paying allegedly illegally designated provisional employees for the position of senior court officer (SCO).

This action devolves from a suit brought in Federal court in 1978 (Underwood v State of New York Off. of Ct. Admin., 78 C 4382, SDNY) which challenged the validity of the last court officer examination held in December, 1977. On…