McDermott v. New York State Office of Mental Health

Appeal from a judgment of the Supreme Court (Torraca, J.), entered February 10, 1993 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondents which terminated the employment of certain petitioners.

Supreme Court erred in failing to honor respondent Department of Civil Service’s long-standing interpretation of the phrase "same or similar positions” in Civil Service Law § 80 (1) to mean positions with the same title (see, Matter of McDermott v New York State Off. of Mental Health, 195 AD2d *902932, lv denied 82…