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Matter of Eberle v. Westchester Cty Personnel

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1987
130 A.D.2d 492 (N.Y. App. Div. 1987)

Opinion

May 4, 1987

Appeal from the Supreme Court, Westchester County (Isseks, J.).


Ordered that the order and judgment is affirmed, with costs.

The petitioner did not allege that he was "responsible for the prevention and detection of crime and the enforcement of the general criminal laws of the state", and hence did not demonstrate that he was a police officer entitled to the subject appointment (Civil Service Law § 58; New York State Deputies' Assn. v. New York State Civ. Serv. Commn., 57 A.D.2d 550). Accordingly, the petition was properly dismissed for failure to state a cause of action (CPLR 3211 [a] [7]). Mollen, P.J., Mangano, Brown and Lawrence, JJ., concur.


Summaries of

Matter of Eberle v. Westchester Cty Personnel

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1987
130 A.D.2d 492 (N.Y. App. Div. 1987)
Case details for

Matter of Eberle v. Westchester Cty Personnel

Case Details

Full title:In the Matter of CARL EBERLE, Appellant, v. WESTCHESTER COUNTY PERSONNEL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 4, 1987

Citations

130 A.D.2d 492 (N.Y. App. Div. 1987)