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ARNOLD v. CONSTANTINE

164 A.D.2d 203 (1990)

In the Matter of Stephen J. Arnold et al., Appellants, v. Thomas A. Constantine, as Superintendent of The Division of New York State Police, Respondent

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

November 15, 1990

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, P. C. (John R. Saccocio of counsel), for appellants.

Robert Abrams, Attorney-General (Nancy A. Spiegel and John Q. Driscoll of counsel), for respondent.

MAHONEY, P. J., KANE, YESAWICH, JR., and HARVEY, JJ., concur.

MIKOLL, J.

The issues presented by this appeal are whether respondent's classification of pilots in the Aviation Unit of the State Police as Troopers instead of Technical Sergeants violates petitioners' equal protection rights under the State and Federal Constitutions, violates Civil Service Law § 115 or is an abuse of discretion under Executive Law § 215.

When the present Aviation Unit was...

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