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DONEGAN v. NADELL

113 A.D.2d 676 (1986)

Katherine M. Donegan et al., Appellants, v. S. Michael Nadell, as Chief Administrator, Office of Court Administration, State of New York, et al., Respondents

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

January 21, 1986

Attorney(s) appearing for the Case

Joseph A. Faraldo, Faden & Goldmacher (Beth J. Goldmacher of counsel), for appellants.

Michael Colodner (John Eiseman and Barbara Zahler-Gringer of counsel), for S. Michael Nadell, respondent.

Robert Abrams, Attorney-General (David A. Smith of counsel), for Harry G. Himber and others, respondents.

THOMPSON, J.P., and RUBIN, J., concur with NIEHOFF, J.; KUNZEMAN, J., dissents and votes to reverse the judgment appealed from, annul the determination of the respondent Classification Review Board, and grant the petition to the extent of directing the respondents to reclassify the title of petitioner Donegan's position to that of data entry supervisor.

NIEHOFF, J.

Although petitioner Donegan's situation appeals to our sense of equity, we agree with Special Term that it was not arbitrary and capricious for the Classification Review Board to have found that "the comparison of the former title specification for Court Assistant II with the new title standard for Principal Office Assistant provides a rational basis for the Chief Administrative Judge's decision...

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