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DILLON v. NASSAU CIV. SERV.

43 N.Y.2d 574 (1978)

In the Matter of Denis Dillon, as District Attorney of Nassau County, Appellant, v. Nassau County Civil Service Commission et al., Respondents. In the Matter of Nicholas Stagliano, Appellant, v. New York State Civil Service Commission et al., Respondents.

Court of Appeals of the State of New York.

Decided February 16, 1978.

Attorney(s) appearing for the Case

Denis Dillon, Nassau County District Attorney (William C. Donnino and Steven R. Bernard of counsel), for appellant in the first above-entitled proceeding.

Louis J. Lefkowitz, Attorney-General (Robert S. Hammer and Samuel A. Hirshowitz of counsel), for New York State Civil Service Commission and another, respondents in the first above-entitled proceeding.

William Gitelman, County Attorney (William S. Norden and Natale C. Tedone of counsel), for Nassau County Civil Service Commission, respondent in the first above-entitled proceeding.

Samuel W. Eager, Jr., for appellant in the second above-entitled proceeding.

Louis J. Lefkowitz, Attorney-General (Robert S. Hammer, Samuel A. Hirshowitz and A. Seth Greenwald of counsel), for the New York State Civil Service Commission and another, respondents in the second above-entitled proceeding.

David S. Ritter, Orange County District Attorney, amicus curiae, in the second above-entitled proceeding.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

In two separate CPLR article 78 proceedings petitioners seek to compel civil service reclassification of the positions of criminal investigators in the Nassau County and Orange County District Attorneys' offices. The asserted ground in both cases is the confidential character of the work done by the investigators. Supreme Court granted judgment in favor of petitioners in both cases. The Appellate...

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