MATTER OF TONNS v. McCOY


37 A.D.2d 671 (1971)

In the Matter of Eugene R. Tonns, Respondent, v. Thomas F. McCoy, as State Administrator of The Judicial Conference of the State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 28, 1971


This appeal has been transferred from the Appellate Division, Second Department. Respondent asserts that his position of Clerk of Special Term Part VIII comes within the job specification for Court Clerk II, as set forth in the title structure for the Unified Court System. Respondent, of course, "is entitled to be reclassified upon the basis of the competitive status he earned by examination, and the duties he lawfully performed in such status prior to reclassification...

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