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MATTER OF HANIFIN v. ANDREWS

104 Misc.2d 381 (1979)

In the Matter of William J. Hanifin, Petitioner, v. John J. Andrews, as Sheriff of Broome County, Respondent.

Supreme Court, Special Term, Broome County.

March 5, 1979.

Attorney(s) appearing for the Case

Hogan & Sarzynski (Edward J. Sarzynski of counsel), for petitioner. John E. Murray, County Attorney (Patrick J. Mulhern of counsel), for respondent.

RICHARD F. KUHNEN, J.

Petitioner, a Deputy Sheriff, was transferred by the Broome County Sheriff from the "Highway Patrol" to the "Jail Division". He claimed that the transfer was in violation of section 70 of the Civil Service Law and was arbitrary and capricious and brought a proceeding under CPLR article 78 to review the transfer. The court, in a decision on November 17, 1978, rejected his contentions. He now seeks reargument on the ground that "the...

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