Testa v. Valenza

Petition unanimously dismissed on the law without costs. Memorandum: This court lacks jurisdiction to review petitioner’s termination as a county attorney because, as an exempt employee, he had no right to a hearing (Civil Service Law § 75). Petitioner’s attempt to challenge his change in status from a classified to an exempt position, which occurred in May 1985, is time barred (CPLR 217). Petitioner was afforded a hearing in the event it was later determined that he was entitled to a name-clearing hearing (see, Board of Regents v Roth, 408 US 564). Since petitioner failed to establish that…