MATTER OF MINEO


307 A.D.2d 611 (2003)

762 N.Y.S.2d 186

In the Matter of the Claim of THOMAS B. MINEO, Respondent. COUNTY OF ERIE, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided July 24, 2003.


Carpinello, J.

In April 2000, claimant was advised that his supervisory position with the Erie County Department of Public Works would be eliminated at the end of the year. Claimant was given the option of remaining in his current position through the end of the year or immediately transferring to a lower level position where he could stay until March 2001 when he would have 20 years' service credit. Rather than accept the demotion, claimant elected to participate...

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