FARRELL v. KIERNAN


213 A.D.2d 373 (1995)

623 N.Y.S.2d 314

Michael Farrell, Respondent, v. John B. Kiernan, as Commissioner of The Nassau County Department of Recreation and Parks, et al., Appellants

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

March 6, 1995


Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

The plaintiff, an employee of the County of Nassau, contends that he was assigned to "out-of-title work" in violation of Civil Service Law § 61 (2). The plaintiff moved for a preliminary injunction precluding his employer from continuing to assign him to out-of-title work....

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