Burke v. New York State Police

Appeal from an order of the Supreme Court at Special Term (Prior, Jr., J.), entered September 4, 1984 in Albany County, which, inter alia, granted defendants’ cross motion for summary judgment and declared that defendants had general authority to create titles of technical lieutenant in excess of the three required by Executive Law § 215 (1) (a) (14).

Plaintiff was appointed to defendant New York State Police on June 19, 1967. In February of 1979, plaintiff took the examination for the position of lieutenant and received a score of 85.807. He was subsequently placed on the lieutenant…