Out of Title Work
Lake City Police Club v City of Oswego, 31 AD3d 1159
Noting the well-established principle that out-of-title work creates no automatic right to reclassification, the Appellate Division, citing Matter of McGuinness v New York State Off. of Ct. Admin., 61 NY2d 279, 281, held that the City of Oswego was not required to designate an employee of the Oswego County District Attorney’s office a detective notwithstanding the fact that the individual had been working out-of-title as a detective in the District Attorney’s office.
Further, the court obseved that “Civil Service Law §58(5) expressly provides, in relevant part, that it shall not apply to "the investigatory personnel of the office of the district attorney in any county.”
The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2006/2006_05442.htm