Whalen v. Hogue

Cross appeals from a judgment of the Supreme Court (Kane, J.), entered June 23, 1999 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, directed that the matter be submitted to a Referee for a hearing.

Petitioner James Whalen, a Deputy Sheriff Lieutenant employed by respondents, alleges that on or about September *9761, 1998, respondent Sullivan County Sheriff wrongfully removed him from the position of plainclothes Detective to a uniformed Lieutenant’s position on road patrol as a retaliatory transfer. This CPLR article 78 proceeding was commenced by Whalen and petitioner…