MATTER OF TESTA v. VALENZA


133 A.D.2d 540 (1987)

In the Matter of Charles R. Testa, Petitioner, v. Charles R. Valenza, as County Attorney for The County of Monroe, Respondent

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

September 30, 1987


Petition unanimously dismissed on the law without costs.

Memorandum:

This court lacks jurisdiction to review petitioner's termination as a county attorney because, as an exempt employee, he had no right to a hearing (Civil Service Law § 75). Petitioner's attempt to challenge his change in status from a classified to an exempt position, which occurred in May 1985, is time barred (CPLR 217). Petitioner was afforded a hearing in the event it was later determined...

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