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MATTER OF ROISTACHER v. McCOY

39 A.D.2d 610 (1972)

In the Matter of Herbert D. Roistacher, Respondent, v. Thomas F. McCoy, as State Administrator of The Administrative Board 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.

April 20, 1972

On previous appeal, we reversed and submitted the proceeding to Special Term for an evidentiary hearing (35 A.D.2d 644). Since petitioner was re-evaluated to Court Clerk III on July 21, 1971, the issue here is whether the State Administrator, in refusing to upgrade respondent in position title from Court Clerk II to Court Clerk III, acted in an arbitrary, capricious and unreasonable manner so that respondent is entitled to back pay from...

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