WERGER v. RIORDAN


163 Misc.2d 713 (1995)

621 N.Y.S.2d 777

Matthew P. Werger, Petitioner, v. Robert J. Riordan et al., as Commissioners of the New York State Department of Civil Service, et al., Respondents.

Supreme Court, Albany County.

January 11, 1995


Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Meredith H. Savitt of counsel), for Robert J. Riordan and others, respondents. Robert A. Smith, County Attorney of Rensselaer County, Troy (Thomas R. Cioffi of counsel), for James A. Walsh, as Chairman of the Rensselaer County Civil Service Commission, and others, respondents. James E. Long, Albany, for petitioner.


JOSEPH HARRIS, J.

State and County respondents move pursuant to CPLR 3211 (a) (7) to dismiss the complaint on the grounds that this action may not be maintained because the petitioner has failed to state a cause of action. Petitioner opposes the motion. There being no contested issues of fact, the court treats the motion as a motion for summary judgment.

Petitioner is 35 years old and currently employed...

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