ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.

May 28, 2026

An individual must be temporarily assigned to perform the duties of an investigator while serving in his position to be so designated pursuant to Civil Service Law §58(4)

The New York State Legislature had enacted the necessary legislation providing that an individual who performs in an investigatory position in a manner sufficiently satisfactory to the appropriate supervisors and holds such an assignment for a period of eighteen months to be deem having "demonstrated fitness for the position of detective or investigator with the relevant police, correction or sheriffs department at least as sufficiently as could be ascertained by means of a competitive examination".

In the instant CPLR Article 78 proceeding Plaintiff had sought a review a determination of the Under-Sheriff of the County's Sheriff's Department in which he was employed denying his request to be designated an investigator in the County's Sheriff's Department pursuant to Civil Service Law §58(4). 

Plaintiff had been employed as a correction sergeant with the Sheriff's Department since 2017 and in November 2019, requested that he be designated an investigator pursuant to Civil Service Law §58(4). The Under-Sheriff denied Plaintiff's request and Plaintiff appealed. 

Supreme Court rejected Plaintiff's appeal, which decision the Appellate Division affirmed, holding that Supreme Court properly denied Plaintiff's petition and dismissed the proceeding. 

Citing Matter of Wood v Irving, 85 NY2d 238, the Appellate Division noted that Civil Service Law §58(4)(b)(ii) (former [c][ii]) provides, in relevant part, that "any person who has received permanent appointment to the position of ... correction officer of any rank ... and is temporarily assigned to perform the duties of detective or investigator shall, whenever such assignment ... exceeds eighteen months, be permanently designated as a detective or investigator".

The Appellate Division explained that Plaintiff was not entitled to be designated an investigator pursuant to Civil Service Law §58(4) because he had not temporarily assigned to perform the duties of an investigator while serving in his position as correction sergeant.

Click HERE to access the Appellate Division's decision posted on the Internet.


Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

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Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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