Amico v. Erie County Legislature
| Decision Date | 27 April 1972 |
| Citation | 30 N.Y.2d 729,283 N.E.2d 769,332 N.Y.S.2d 898 |
| Parties | , 283 N.E.2d 769 Michael A. AMICO, Sheriff of Erie County, Appellant, v. ERIE COUNTY LEGISLATURE et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Fourth Department, 36 A.D.2d 415, 321 N.Y.S.2d 134.
John B. Walsh, Buffalo, for plaintiff-appellant.
James L. MaGavern, Buffalo (Justyn E. Miller, Buffalo, of counsel), for defendants-respondents.
Edward G. Dillon, Albany, amicus curiae for New York State Sheriff's Association.
Action was brought by the sheriff to declare invalid a local law which placed employees of his office in classified service. The Supreme Court, Special Term Erie County, John H. Doerr, J., 64 Misc.2d 829, 315 N.Y.S.2d 926, held the law invalid and an appeal was taken.
The Appellate Division reversed and granted summary judgment to the defendants. It held that the local law which, with certain exceptions, placed all employees of sheriff's office under civil service and covered employees who had worked one year was valid insofar as it covered all employees whose duties related solely to criminal matters, who had performed those duties for one year or more prior to effective date of law and whose appointments were legal when made. The sheriff appealed.
In the Court of Appeals the sheriff contended that the Erie County Local Law was invalid in whole or in part in its attempt to place deputy sheriffs in competitive classified service contrary to statute and that it was in direct conflict with constitutional provision regarding permanent appointment in civil service for individuals whose fitness and merit have been determined by competitive examination where the determination of fitness and merit by competitive examination is practical. It was also asserted that the local law unconstitutionally changes powers of sheriff an elected official. The defendants asserted that the local law was constitutional and a statutorily valid exercise of legislative function and does not change a sheriff's powers.
Order affirmed, without costs, on the opinion at the Appellate Division. (cf. McMahon v. Michaelian, 38 A.D.2d 60, 326 N.Y.S.2d 845, aff'd 30 N.Y.2d 507, 329 N.Y.S.2d 821, 280 N.E.2d 651).
All concur.
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Ball v. Monroe County
...As the Fourth Department noted, in Amico v. Erie County Legislature, 36 A.D.2d 415, 423, 321 N.Y.S.2d 134, 143, affd. 30 N.Y.2d 729, 332 N.Y.S.2d 898, 283 N.E.2d 769: "It is crucial to note that employees of the sheriff performing civil functions or both civil and criminal functions . . . a......
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Hondzinski v. Erie County
...(Amico v. Erie County Legislature, 36 A.D.2d 415, 321 N.Y.S.2d 134, affd. on opn. (Marsh, J.) at the appellate division, 30 N.Y.2d 729, 332 N.Y.S.2d 898, 283 N.E.2d 769), and the law was upheld, including the provision therein that those employees in the criminal division for one year or mo......
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Montero v. Lum
...appointment into a permanent one (see, Amico v. Erie County Legislature, 36 A.D.2d 415, 424, 321 N.Y.S.2d 134, affd. 30 N.Y.2d 729, 332 N.Y.S.2d 898, 283 N.E.2d 769). It is well settled that even an unlawfully extended period of temporary service cannot ripen into a permanent appointment (e......
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