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MATTER OF MEIER v. AMICO

51 A.D.2d 647 (1976)

In the Matter of Franklin C. Meier et al., Respondents, v. Michael A. Amico, as Sheriff of The County of Erie, et al., Appellants

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

January 9, 1976

Judgment unanimously affirmed, with costs.

Memorandum:

This proceeding seeks a determination of whether the actions of respondent Sheriff were arbitrary and capricious. The trial court reviewed the record of the hearing and reversed respondents' decision, ordering petitioner reinstated. Since the Sheriff's hearing was pursuant to the collective bargaining agreement and not a hearing "pursuant to direction by law" (CPLR 7803, subd 4), the trial court was not...

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