Cherofsky v. Bartlett
Opinion of the Court
Appeal from a judgment of the Supreme Court at Special Term, entered March 11, 1977 in New York County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel retroactive application of the reclassification of petitioner issued by the State Administrative Judge of the Administrative Board of the Office of Court Administration. On March 19, 1973, while serving in the position of Court Clerk II, petitioner was assigned the duties of a Court Clerk III position as clerk in charge of Part 30, Criminal Term, Supreme Court, New York County. Subsequently, in September of 1973, he requested that the Administrative Board reclassify his position from Court Clerk II to Court Clerk III since he was then performing the duties of the latter position and, following a study by the personnel office of the Office of Court Administration which revealed that his duties were appropriate to the Court Clerk III title, a noncompetitive position, he was reclassified on May 17, 1974 to the Court Clerk III title. When New York City, as the local fiscal authority, approved the reclassification, its effective date was established as May 17, .1974, and petitioner then requested that the reclassification be retroactively implemented so as to be effective March 19, 1973. This request was denied on the basis of budgetary considerations and lack of certainty as to petitioner’s exact duties prior to the study by the personnel office. Petitioner thereupon instituted the present proceeding seeking a judgment compelling retroactive implementation of his reclassification. Special Term ruled that his application should be granted, and there ensued this appeal, which was transferred to this court, pursuant to CPLR 5711, by order of the Appellate Division, First Judicial Department, entered June 16, 1977. We hold that the judgment of Special Term must be reversed. It is clear that petitioner’s appoint
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