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MATTER OF VILL. OF NISSEQUOGUE v. SUFFOLK COUNTY DEP'T OF CIVIL SERV.

157 A.D.2d 784 (1990)

In the Matter of Village of Nissequogue, Respondent, v. Suffolk County Department of Civil Service, Appellant, and Dennis McHugh et al., Respondents

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

January 22, 1990

Ordered that the judgment is reversed, on the law, and the proceeding is dismissed on the merits, with costs.

The record establishes that the respondents McHugh and Leigh were each appointed as an "Acting Police Officer" by resolution of the Village Board of the Village of Nissequogue. As such they do not come within the terms of Civil Service Law § 100 (5), which applies only to those "holding a position in the classified...

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