Sroka v. Municipal Civil Service Commission

Judgment unanimously affirmed, without costs. Memorandum: Petitioner was formerly a patrolman in the Buffalo Police Department. He was convicted of the misdemeanor of conspiracy in 1969 and removed from office by order of the Commissioner of Police on the day of the conviction (see Public Officers Law, § 30, subd 1, par e). His conviction was reversed on appeal and the indictment was dismissed (see People v Sroka, 32 AD2d 463). He thereafter brought this petition seeking reinstatement and back pay. Section 30 (subd 1, par e) of the Public Officers Law provides that an office shall be vacant…