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MATTER OF SELLSTROM v. CITY OF RYE

Appellate Division of the Supreme Court of New York, Second Department.
Oct 11, 1988

Ordered that the judgment is affirmed, with costs.

The trial court correctly concluded that the petitioner's reassignment to shift command duty was a nonreviewable, discretionary change of detail. The reassignment conformed to the job description for police lieutenant and did not involve the performance of out-of-title duties (see, Matter of Detective Endowment Assn. v Leary, 36 A.D.2d 289, affd 30 N.Y.2d 577; Matter of Greensmith v Incorporated Vil. of Centre Is., 109 A.D.2d 742). The reassignment did not result in a reduction in the petitioner's rank or compensation. Furthermore, contrary to the petitioner's contention on appeal, the reassignment was not in violation of Civil Service Law § 61 (2); § 70 or § 75. Mollen, P.J., Mangano, Brown and Kooper, JJ., concur.