Hanifin v. Andrews

OPINION OF THE COURT

Richard F. Kuhnen, J.

Petitioner, a Deputy Sheriff, was transferred by the Broome County Sheriff from the "Highway Patrol” to the "Jail Division”. He claimed that the transfer was in violation of section 70 of the Civil Service Law and was arbitrary and capricious and brought a proceeding under CPLR article 78 to review the transfer. The court, in a decision on November 17, 1978, rejected his contentions. He now seeks reargument on the ground that "the Court failed to consider and apply control*382ling principles of law and that it acted upon a misapprehension of fact”.

The…