Legal Opinion

Holcombe v. Gusty

New York Supreme Court

Decided July 10, 1975Published

1Opinion of the CourtJohn R. Tenney, J.

In this CPLR article 78 proceeding, the petitioner, Jon K. Holcombe, as District Attorney of Onondaga County, seeks a review of the respondent’s actions. The Personnel Commissioner of Onondaga County has directed that competitive examinations be held for all investigative positions in petitioner’s office. Petitioner seeks to set aside the directive as arbitrary and capricious and for an order declaring the positions as exempt. Petitioner argues that, in the alternative, the examinations proposed are improper.

Investigators in a District Attorney’s office are classified as "police officers”.…

2Cases cited8 opinions

  1. Slavin v. . McGuireNew York Court of Appeals · 1912
  2. Kaplan v. O'ConnellNew York Court of Appeals · 1953
  3. Kaplan v. O'ConnellAppellate Division of the Supreme Court of the State of New York · 1952
  4. Paroli v. BoltonNew York Supreme Court · 1968
  5. Meaney v. KaplanAppellate Division of the Supreme Court of the State of New York · 1963

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