On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, without costs, and proceeding dismissed. From the undisputed evidence, it cannot be said as a matter of law that the petitioner's duties as deputy sheriff in fact did not include ones civil in nature. It follows that he was exempt from the classified civil service until a local law (Local Laws, 1973, Nos. 4, 5 of Erie County), which covered him in...
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