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In the Matter of GENE M. CATHY, Appellant, v. CARL PROBER et al., Constituting the Town Board of the Town of Huron, Respondents.

Judgment unanimously affirmed without costs. Memorandum: Supreme Court correctly determined that respondents' authority to terminate petitioner's service was not limited by Civil Service Law § 75. As Town Building Inspector, petitioner was not a public employee, but a public officer who held her position "at the pleasure of the town board" (Town Law § 24; Matter of Haller v Carlson, 42 A.D.2d 829). Further, respondents did not remove petitioner from office during her term, but declined to reappoint her to another one-year term. The protections of Civil Service Law § 75 do not extend to petitioner because she was not "removed or otherwise subjected to any disciplinary penalty" (Civil Service Law § 75; see, Matter of Berg v. Gerber, 78 A.D.2d 888, affd 54 N.Y.2d 854).

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MATTER OF CATHY v. PROBER
(Jul 16, 1993)