Butler v. Walter

Pine, J. P. (dissenting).

I respectfully dissent and would reverse because I conclude that Supreme Court erred in holding that respondent’s determination to create preferred eligible lists pursuant to Civil Service Law § 81 (1) was based on an error of law and was arbitrary and capricious and without a rational basis.

The preferred eligible lists at issue were created as a result of layoffs by the Onondaga County Correction Department caused by budget cuts. Respondent determined pursuant to Civil Service Law § 81 (1) that the Onondaga County Sheriff’s Department was within the same…