In the Matter of Michael Fornara, Appellant, Against William Schroeder, Jr., Constituting the Sanitary…

Summary

The New York Court of Appeals held that section 22 of the Civil Service Law protects employees in the exempt class from removal without a hearing, and that reclassification of such a position to the competitive class does not affect that protection. Accordingly, the Court reversed the Appellate Division’s decision and affirmed the mandamus ordering the petitioner’s reinstatement.