Legal Opinion
Cathy v. Prober
Appellate Division of the Supreme Court of the State of New York
Decided July 16, 1993PublishedCited by 7 opinions
1Opinion of the Court
Judgment unanimously affirmed without costs. Memorandum: Supreme Court correctly determined that respondents’ authority to terminate petitioner’s service was not limited by Civil Service Law § 75. As Town Building Inspector, petitioner was not a public *1000employee, but a public officer who held her position "at the pleasure of the town board” (Town Law § 24; Matter of Haller v Carlson, 42 AD2d 829). Further, respondents did not remove petitioner from office during her term, but declined to reappoint her to another one-year term. The protections of Civil Service Law § 75 do not extend to…
2Cases cited3 opinions
- Haller v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1973
- Berg v. GerberNew York Court of Appeals · 1981
- Berg v. GerberAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by7 opinions
- Webb v. Village of Ruidoso DownsNew Mexico Court of Appeals · 1994
- Ophardt v. VasquezAppellate Division of the Supreme Court of the State of New York · 2010
- Scopelliti v. Town of New CastleAppellate Division of the Supreme Court of the State of New York · 1997
- Phillips v. Town of GlenvilleAppellate Division of the Supreme Court of the State of New York · 2018
- SCRO, ANTHONY v. BOARD OF EDUCATION OF JORDAN-ELBRID, GE C.S.D.Appellate Division of the Supreme Court of the State of New York · 2011
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