Ryan v. Slisz — 206 A.D.2d 877

Majority

p. 877

In the Matter of James T. Ryan et al., Respondents, v Richard A. Slisz, as Commissioner of the County of Erie Department of Personnel, Appellant.

[616 NYS2d 311]

Judgment affirmed without costs. Memorandum: Respondent failed to sustain his burden of showing that he gave petitioners notice of a final and binding determination more than four months prior to commencement of this proceeding. Thus, we conclude that this proceeding is timely (see, Nickerson v City of Jamestown, 178 AD2d 1003 ). The State of New York Department of Civil Service is not a necessary party to this proceeding (see, Matter of Castaways Motel v Schuyler, 24 NY2d 120 , 125). Supreme Court properly ordered respondent to reclassify petitioners (see, Matter of Mandle v Brown, 5 NY2d 51 , 64-65).

All concur, Fallon, J., not participating. (Appeal from Judgment of Supreme Court, Erie County, Whelan, J.—Article 78.) Present—Denman, P. J., Fallon, Wesley, Doerr and Boehm, JJ.

Cases cited

Nickerson v. City of Jamestown 178 AD2d 1003 N.Y. App. Div. 1991-12-26 p. 877
Castaways Motel v. Schuyler 24 NY2d 120 N.Y. 1969-02-27 at 125 p. 877
Mandle v. Brown 5 NY2d 51 N.Y. 1958-06-25 at 64-65 p. 877