# Suffolk County v. New York State Civil Service Commission

> Appellate Division of the Supreme Court of the State of New York · November 25, 1968 · 31 A.D.2d 549

URL: https://www.frixlaw.com/law-library/cases/5768614

## Case

- **Full name:** In the Matter of Suffolk County v. New York State Civil Service Commission
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 25, 1968
- **Citations:** 31 A.D.2d 549; 296 N.Y.S.2d 534; 1968 N.Y. App. Div. LEXIS 2834
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5768614

## Opinion text

Judgment of the Supreme Court, Suffolk County, entered November 25, 1964, affirmed, without costs. Ho opinion. Beldock, P. J., Rabin, Benjamin and Munder, JJ., concur; Martuscello, J., dissents and votes to reverse the judgment and to grant the petition, with the following memorandum: In this GPLR article 78 proceeding, petitioners appeal from the dismissal, on the merits, of their petition wherein inter alia they sought a judgment directing respondent to approve a rule of the Suffolk County Civil Service Commission which would place the Director of the Department of■ Fire Safety in the unclassified service. The “ unclassified service” consists, in part, of “the head or heads of any department of the government who are vested with authority, discretion and control over a department, and who have power and authority to appoint and remove officers and employees therein” (Civil Service Law, § 35, par. [e]; [emphasis supplied]). *550 Unlike the situation in Matter of Neff v. Falk (10 A D 2d 789, affd. 9 NY 2d 1004 ), relied upon by the court below and the majority of this court, the Director of Fire Safety herein clearly has the power to “appoint qualified persons to the positions of employment established from time to time by the bqard of supervisors ” and such employees are to be “ under * * * [his] supervision and control” (Suffolk County Charter, § 1127; L. 1958, ch. 278, as amd. by Local Laws, 1963, No. 5 of County of Suffolk). Under the circumstances, I am of the view that the placement of the Director of Fire Safety in the unclassified service is warranted and proper. [ 44 Misc 2d 557 .]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5768614. Public record. Not legal advice.