Legal Opinion
Thoubboron v. New York State Department of Civil Service
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 1991PublishedCited by 8 opinions
1Opinion of the CourtLevine, J.
Appeal from a judgment of the Supreme Court (Hughes, J.), entered April 30, 1990 in Albany County, which converted an application, brought pursuant to CPLR article 78, into an action for declaratory judgment and declared that NY Constitution, article XIII, § 13 (a) brings appointees of Sheriffs performing civil functions into the classified civil service system.
Effective January 1, 1990, NY Constitution, article XIII, § 13 (a) was amended to delete the provision exempting a county from responsibility for the acts of the Sheriff. The purpose of the amendment was to relieve Sheriffs throughout…
2Cases cited4 opinions
- Matter of Flaherty v. . MillikenNew York Court of Appeals · 1908
- Sirles v. CordaryAppellate Division of the Supreme Court of the State of New York · 1975
- Sirles v. CordaryNew York Court of Appeals · 1976
- McMahon v. MichaelianAppellate Division of the Supreme Court of the State of New York · 1971
3Cited by8 opinions
- Jeffes v. BarnesCourt of Appeals for the Second Circuit · 2000
- Wayne County v. HerrinCourt of Appeals of Georgia · 1993
- Bardi v. Warren County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 1993
- Thoubboron v. New York State Department of Civil ServiceNew York Court of Appeals · 1992
- Christophe Jeffes v. William BarnesCourt of Appeals for the Second Circuit · 2000
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