Michaelis v. State

— Mahoney, P. J.

Appeal from an order of the Supreme Court (Cobb, J.), entered May 19, 1987 in Albany County, which denied defendants’ motion for summary judgment dismissing the complaint.

In December 1984, plaintiff was promoted to the position of Deputy Superintendent for Program Services at Orleans Correctional Facility. The Deputy Superintendent position is in the noncompetitive class, and each correctional facility has such positions for program, administration and security services. These three Deputies, along with the facility Superintendent, form the management team which operates the…