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SCOPELLITI v. TOWN OF NEW CASTLE

235 A.D.2d 469 (1997)

653 N.Y.S.2d 29

Robert L. Scopelliti, Appellant, v. Town of New Castle et al., Respondents

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

January 21, 1997

Ordered that the order is affirmed, with costs.

The plaintiff, the Town Assessor of the Town of New Castle, contends that the requirement that he represent the Town in Small Claims Assessment Review (hereinafter SCAR) proceedings constitutes out-of-title work in violation of Civil Service Law § 61 (2) and the improper practice of law. As a Town officer, however, the plaintiff is not subject to Civil Service Law § 61 (2) (see, Town Law § 20 [5...

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